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United States v. Hernandez

February 4, 2010

UNITED STATES OF AMERICA
v.
MANUEL HERNANDEZ SOCIAL SECURITY NO. 1559 MANUEL ISAU HERNANDEZ (LAST 4 DIGITS) YOUNGSTER



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 John Early (Appointed)

(Name of Counsel)

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

Counts 7, 11, 13 & 14: 18 U.S.C. § 1959(a)(3): Violent Crimes in Aid of Racketeering Counts 10 & 12: 18 U.S.C. § 1959(a)(5): Violent Crimes in Aid of Racketeering Count 21: 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B): Possess with Intent to Distribute Cocaine Count 34: 18 U.S.C. §§ 924(c)(1)(A)(iii): Use or Carrying and Possession of Firearm During and in Furtherance of Drug

Trafficking Crime and/or Crime of Violence

Counts 36-38 & 41: 18 U.S.C. §§ 924(c)(1)(A), (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 $1,500.00, which is due

Restitution and 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, Manuel Hernandez, is hereby committed on Counts 1, 2, 3, 7, 10, 11, 12, 13, 14, 21, 34, 36, 37, 38, and 41 of the Indictment to the custody of the Bureau of Prisons for a term of life plus 110 years. This term consists of life on each of Counts 1 and 2, 240 months on each of Counts 7, 11, 13 and 14, 324 months on Counts 3 and 21 and 120 months on each of Counts 10 and 12, to be served concurrent to each other; 120 months on Count 34 to be served consecutive to the terms imposed in Counts 1, 2, 7, 10, 11, 12, 13, 14 and 21; and 300 months on each of Counts 36, 37, 38 and 41, all to be served consecutively to each other and consecutive to the terms imposed in Counts 1, 2, 3, 7, 10, 11, 12, 13, 14, 21 and 34.

If released from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on each of Counts 1, 2, 3, 21, 34, 36, 37, 38, and 41, and three years on each of Counts 7, 10, 11, 12, 13, and 14, 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, ...


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