The opinion of the court was delivered by: George H. Wu, 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. 2 01 10
U WITH COUNSEL James W. Spertus, Retained
U GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding/verdict of U GUILTY, defendant has been convicted as charged of the offense(s) of:
21 U.S.C. § 841(a)(1),(b)(1)(C), 18:2: DISTRIBUTION OF MARIJUANA AND AIDING AND ABETTING as charged in the information.
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 placed on probation for a term of: Three (3) Years.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
It is ordered that the defendant shall pay to the United States a total fine of $2,000, which shall bear interest as provided by law.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, John Daniel Newton Seraphine, shall be placed on probation on the Single-Count Information for a term of three years under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. The defendant shall participate for a period of seven months in a home detention program which will include electronic monitoring for a term of three months and shall observe all rules of such program, as directed by the Probation Officer. If there is any time that the Probation Office feels that further monitoring is required after three months, the Probation Office is authorized to have that monitoring continued. If the Probation Office deems that it is sufficient then electronic monitoring will expire after three months. If the Probation Office requires further monitoring and the defendant disagrees then defense counsel can apply to the court for a review of that determination by the probation office;
3. The defendant shall pay the costs of electronic monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
4. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit 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;
5. 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;
6. 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;
7. 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 ...