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United States v. Delgado

December 14, 2009

UNITED STATES OF AMERICA
v.
DEONISIO DELGADO SOCIAL SECURITY NO. 4 7 0 7 (LAST 4 DIGITS)



The opinion of the court was delivered by: Florence-marie Cooper U. S. District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. DEC 14 2009

X WITH COUNSEL Michael V Schafler, DFPD

(Name of Counsel)

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: 21USC 841(a)(1): DISTRIBUTION OF METHAMPHETAMINE (Count One of the Single-Count Indictment)

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,

Deonisio Delgado is hereby committed on count one of the indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 120 months; 48 months of the 120 months are concurrent to Case No. 08-cr-00469-01 HB of the Southern District of New York and 72 months of the 120 months are consecutive to the same New York case. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318; During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

The defendant shall cooperate in the collection of a DNA sample from the defendant.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

All fines are waived as it is found that the defendant does not have the ability to pay.

The 21 USC 851 Information filed July 20, 2009 is dismissed on the government's motion. The defendant is sentenced without a full Probation and Sentence Report (PSR); preparation of the report in this district was waived and the Court proceeded with a copy of the Presentence Investigation Report prepared in the New York case referenced above. The defendant was advised of and waived his right to appeal.

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. Marshal or other qualified officer.

Terry Nafisi, Clerk

December 15, ...


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