The opinion of the court was delivered by: Ronald S.W. Lew Senior, 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 17 09
X WITH COUNSEL Danny Joseph Fabricant, Pro Se
Sean Kennedy, Federal Public Defender
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:
Count 1: 21 USC 846, 841(b)(1)(B)(viii), 841(b)(1)C): Conspiracy to Distribute Controlled Substances.
Counts 2 and 3: 21 USC 841(a)(1), 841(b)(1)(B)(viii): Distribution of a Controlled Substance.
Count 4: 21 USC 841(a)(1), 841(b)(1)(A)(viii): Distribution of a Controlled Substance.
Count 5: 21 USC 841(a)(1), 841(b)(1)(B)(viii): Possession with Intent to Distribute a Controlled Substance.
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 custody of the Bureau of Prisons to be imprisoned for a term of: LIFE
IT IS ORDERED that the defendant shall pay to the United States a special assessment of $500.00, which is due immediately.
Pursuant to Section 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.
This term consists of LIFE on Counts 1 and 4 of the First Superseding Indictment and 150 months on each of Counts 2, 3, and 5, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of ten years on each of Counts 1 and 4, and eight years on each of Counts 2, 3, and 5, all such terms to run concurrently, under the following terms and conditions:
The defendant shall comply with the rules and regulations of the Probation Office and General Order 318;
The defendant shall participate in outpatient substance abuse treatment and submit to drug and alcohol testing, as instructed by the Probation Officer. The defendant shall abstain from using illicit drugs, 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 U.S. 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/alcohol dependency to the aftercare contractor during the period of community supervision pursuant to 18 USC 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
During the period of community supervision, the defendant shall pay the special assessment in accordance with this judgment's ...