The opinion of the court was delivered by: David O. Carter, 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.
X WITH COUNSEL Daniel Casillas (Appointed)
GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO X NOT CONTENDERE GUILTY
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: INDICTMENT: Count 1: 18 U.S.C. § 1962(c): Racketeer Influenced and Corrupt Organizations;
Count 2: 18 U.S.C. § 1962(d): Racketeer Influenced and Corrupt Organizations Conspiracy;
Count 3: 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A), 841(b)(1)(B): Conspiracy, Possession with Intent to Distribute and Distribution of Cocaine, Cocaine Base, and Methamphetamine;
Count 21: 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B): Possess with Intent to Distribute Cocaine, 40 years maximum imprisonment;
Counts 22 & 24: 21 U.S.C. § 841(a)(1), (b)(1)(C): Distribution of Cocaine;
Count 23: 18 U.S.C. § 1956(a)(1), (A)(I): Money Laundering;
Count 25: 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A): Possession with Intent to Distribute Cocaine Base;
Count 26:18 U.S.C. §§ 841(a), 841(b)(1)(A): Possession with Intent to Distribute Methamphetamine; Count 39:18 U.S.C. §§ 924(c)(1)(A)(i): Use or Carrying and Possession of Firearm During and in Furtherance of Drug Trafficking Crime and/or Crime of Violence;
Counts 40: 18 U.S.C. §§ 924(c)(1)(C)(i): Use or Carrying and Possession of Firearm During and in Furtherance of Drug Trafficking Crime and/or Crime of Violence 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.
It is ordered that the defendant shall pay to the United States a special assessment of $1100, which is due immediately.
All fines and restitution are waived as it is found that the defendant does not have the ability to pay.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Arturo Cruz, is hereby committed to the custody of the Bureau of Prisons for a term of 720 months. This term consists of 240 months on each of Counts 1, 22, 23, and 24 and 360 months on each of Counts 2, 3, 21, 25 and 26 to be served concurrently and 60 months on Count 39, to be served consecutively to Counts 1, 2, 3, 21, 22, 23, 24, 25 and 26 and 300 months on Count 40, to be served consecutive to Counts 1, 2, 3, 21 -26 and 39.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on Counts 1- 3, 21, 25, 26, 39 and 40, and three years on Counts 22, 23 and 24, all 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;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's ...