The opinion of the court was delivered by: Gary Allen Feess U. S. District Judge,
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 12/07/2009
X WITH COUNSEL Joel Koury, DFPD
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Illegal Alien Found in the United States After Deportation in violation of 8 U.S.C. §§1326(a), (b)(2) and Possession with Intent to Distribute Marijuana in violation of 21 U.S.C. §§841(a)(1), (b)(1)(D), 18 U.S.C. Section 922(g) in violation of Prohibited Person in Possession of a Firearm and Ammunition as charged in Counts 1, 2 & 3 of the Indictment.
The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the court that the defendant, Ricardo Montano-Concepcion, is hereby committed on counts one, two and three of the indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 92 months. This term consists of 92 months on each of counts one and three, and 60 months on count two, to be served concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately.
All fines are waived because it is found that the defendant does not have the ability to pay a fine.
Upon release from imprisonment, the defendant shall be placed on supervised release for three years on each of counts one, two and three, all such terms to run concurrently under the following terms and conditions
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. The defendant shall not commit any violation of local, state or federal law or ordinance.
3. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
4. During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;
5. The defendant shall cooperate in the collection of a DNA sample from the defendant; and
6. The defendant shall comply with the rules and regulations of the Bureau of Immigration and Customs Enforcement (ICE), and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of court-ordered supervision, the defendant shall report for instructions to the United States Probation Office located at the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California
It is recommended that the defendant be designated to a Southern California facility.
Defendant informed that he has waived his right to appeal
On the Government's motion, all remaining count of the underlying indictment are ordered dismissed
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...