The opinion of the court was delivered by: David O. Carter, 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. FEB 2 2010
X WITH COUNSEL Thomas H. Wolfsen (Appointed)
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: INDICTMENT: Count 1: 18 U.S.C. § 1962(c), 1963(a): Racketeer Influenced and Corrupt Organizations Count 2: 18 U.S.C. § 1962(d), 1963(a): Racketeer Influenced and Corrupt Organizations Conspiracy 841(b)(1)(B):
Conspiracy, Possession with Intent to Distribute and Distribution of Cocaine, Cocaine Base, and Methamphetamine 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
Counts 4 and 5: 18 U.S.C. §§ 1959(a)(5): Violent Crimes in Aid of Racketeering Counts 15 and 18: 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C): Possession with Intent to Distribute Cocaine Counts 16 and 19: 21 U.S.C. §§ 841(a)(1), 841 (b)(1)(A): Possession with Intent to Distribute Cocaine Base Counts 17: 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A): Possession with Intent to Distribute Methamphetamine Count 20: 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B): Possession with Intent to Distribute Methamphetamine, Count 33: 18 U.S.C. § 924(c)(1)(A): Use or Carrying and Possession of Firearm During and in Furtherance of Drug
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 $1,200.00, which is due
All fines 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, Noe Gonzalez, is hereby committed on Counts 1, 2, 3, 4, 5, 15, 16, 17, 18, 19, 20, and 33 of the Indictment to the custody of the Bureau of Prisons for a term of 352 months. This term consists of 292 months on each of Counts 1, 2, 3, 16, 17, 19, and 20; 240 months on each of Counts 15 and 18; and 120 months on each of Counts 4 and 5, all such terms to be served concurrently, and 60 months on Count 33, to be served consecutively to Counts 1, 2, 3, 4, 5, 15, 16, 17, 18, 19, and 20. The defendant's sentence shall run concurrently to his undischarged sentence in Docket No. CR05-00575-RMT.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years. This term consists of five (5) years on each of Counts 1, 2, 3, 16, 17, 19, and 33; four (4) years on Count 20; and three (3) years on each of Counts 4, 5, 15 and 18, 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, breath, 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 and alcohol 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;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's ...