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United States v. Garcia

February 5, 2010

UNITED STATES OF AMERICA
v.
SAMUEL GARCIA SOCIAL SECURITY NO. 5671 SAMUL GARCIA; PLAYER GARCIA



The opinion of the court was delivered by: George H. King, 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 01 2010

X WITH COUNSEL JOHN LITTRELL, Deputy Federal Public Defender

(Name of Counsel)

X 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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Possession with Intent to Distribute Cocaine Base in the form of Crack Cocaine in violation of Title 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(iii) as charged in Count One (1) of the Information. Felon in Possession of a Firearm in violation of Title 18 U.S.C. § 922(g)(1) as charged in Count Two (2) of 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:

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is

All fines are waived as it is found that the defendant does not have the ability to pay a fine.

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: 120 months. This term consists of 120 months on Count 1 and 60 months on Count 2 of the Information, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years. This term consists of five years on Count 1 and three years on Count 2 of the Information, 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 dependency/alcohol dependency/psychiatric disorder to the aftercare contractor during the period of community supervision. 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 orders pertaining to such payment;

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;

The defendant shall cooperate in the collection of a DNA sample from the defendant;

The defendant may not associate with anyone known to him to be a Canoga Park Alabama gang member or persons associated with the Canoga Park Alabama gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Canoga Park Alabama gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, that are known to him to evidence affiliation with the Canoga Park Alabama gang, and may not knowingly display any Canoga Park Alabama gang signs or gestures that are known to defendant as such; and

As directed by the Probation Officer, except for family members, the defendant shall not knowingly and voluntarily be present in any area known to him to be a location where members of the Canoga Park Alabama gang meet and/or assemble.

Defendant waives his right to appeal.

IT IS RECOMMENDED that defendant shall participate in the 500 Hour Drug Treatment Program offered by the Bureau of Prisons.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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