The opinion of the court was delivered by: Honorable Valerie Baker Fairbank United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. DEC. 11 2009
X WITH COUNSEL Philip Deitch, Appointed
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Distribute Methamphetamine and MDMA, Aiding and Abetting in violation of 21 U.S.C. §§846,841(a)(1) and 841 (b)(1)(A), and Distribution of Methamphetamine and MDMA, Aiding and Abetting in violation of 21 U.S.C. §§841(a)(1),841(b)(1)(A);18:2(a).
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, 18 U.S.C. §3553(a) factors, and the Plea Agreement, it is the judgment of the Court that the defendant, Douglas Martin Korn, is hereby committed on counts one and two of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 135 months. This term consists of 135 months on each of counts one and two of the indictment, to be served concurrently. : It is ordered that the defendant shall pay to the United States a special assessment of $200, 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 a term of five years, consisting of five years on each of counts one and two, all such terms to run concurrently 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; 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;
The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision; During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency;
The defendant shall cooperate in the collection of a DNA sample from the defendant; and COURT STRIKES THIS CONDITION.
The defendant is advised of his right to appeal.
The Court GRANTS the government's motion to dismiss count 7 of the indictment.
The Court recommends that the defendant be placed in the 500 hour drug treatment program (RDAP) while in the custody of the Bureau of Prisons.
The Court further recommends the defendant be designated to a facility in Southern California , to be close to his family.
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, ...