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United States v. Rosales

December 7, 2009

UNITED STATES OF AMERICA
v.
ALVARO J. ROSALES DEFENDANT



The opinion of the court was delivered by: Manuel L. Real District Judge

Residence: N/A Mailing: SAME

JUDGMENT AND PROBATION/COMMITMENT ORDER

In the presence of the attorney for the government, the defendant appeared in person, on: DECEMBER 7, 2009 Month / Day / Year

COUNSEL: WITHOUT COUNSEL

However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.

XX WITH COUNSEL Richard Hamar, retained PLEA:

XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY FINDING:

There being a jury verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to possess with intent to distribute hydrocodone to persons under twenty-one years of age, causing an act to be done in violation of Title 18 USC 846, 841(b)(1)(D),859 and 18 USC 2(b) as charged in count 1 of the indictment.

JUDGMENT AND PROBATION/COMMITMENT ORDER:

The Court asked whether defendant had anything to say 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 is hereby committed to the Bureau of Prisons to be imprisoned for a term of:

Eight (8) months.

IT IS FURTHER ADJUDGED that upon release from imprisonment the defendant shall be placed on Supervised Release for a term of five (5) years under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 2) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 3) shall perform twenty-five hundred (2500) hours of community service, as directed by the Probation Officer; 4) shall appear in person before the Court every 120 days, as directed by the Probation Officer; 5) shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; 6) shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer; 7) shall cooperate in the collection of a DNA sample from the defendant.

IT IS FURTHER ORDERED that defendant pay to the United States a special assessment of $100.00, which is due immediately.

IT IS FURTHER ORDERED that any remaining counts are dismissed as to this defendant.

IT IS FURTHER ORDERED that the execution of the custody portion of this judgment is stayed until January 25, 2010 at 12 noon, by which date and time the defendant shall self-surrender to the designated facility or to the U.S. Marshal at the Roybal Federal Building/Courthouse located at 255 East Temple Street, Los ...


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