JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 11 2010
/ WITH COUNSEL Philip Deitch, Appt.
/ GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding of / GUILTY, defendant has been convicted as charged of the offense(s) of:
Distribution of Cocaine Base in the Form of Crack Cocaine in violation of 21U.S.C. §§ 841(a)(1),
(b)(1)(B)(iii), (b)(1)(C)(i) as charged in Count 1 of the Indictment; Distribution of Cocaine Base in the Form of Crack Cocaine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C) as charged in Count 2 of the Indictment; Possession of Firearms in Furtherance of a Drug Trafficking Crime in violation of 18 U.S.C. § 924(c)(1)(A)(i) as charged in Count 3 of the Indictment; Felon in Possession of Firearms in violation of 18:922(g)(1) as charged in Count 4 of the Indictment.
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 committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
One hundred and eighty (180) months, which consists of one hundred and twenty (120) months on each of Counts 1, 2 and 4 to be served concurrently, and sixty (60) months on Count 3, to be served consecutively.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of eight (8) years, which consists of eight (8) years on Count 1, six (6) years on Count 2, five (5) years on Count 3, and three (3) years on Count 4, all such terms to be served concurrently and 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, including, but not limited to, the condition that defendant shall not commit another federal, state or local crime;
The defendant shall refrain from any unlawful use of a controlled substance. As directed by the Probation Officer, the defendant shall submit to one drug test within 15 days of release from imprisonment. Thereafter, defendant shall also submit to periodic drug testing as directed by the Probation Officer, not to exceed eight (8) drug tests per month;
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 at least part-time and/or enrolled in an educational or vocational program, 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 shall not associate with anyone known to him to be a 51 Trouble Gangster Crip gang member or persons associated with the 51 Trouble Gangster Crip gang, with the exception of family members. He may not knowingly wear, display, use or possess any 51 Trouble Gangster Crip gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the 51 Trouble Gangster Crip gang, and may not knowingly display any 51 Trouble Gangster Crip signs or gestures;
As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the 51 Trouble Gangster Crip gang meet and/or assemble.
It is ordered that the defendant shall pay to the United States a special assessment of $400.00, which is due Pursuant to Section 5E1.2(e) of the Guidelines, all fines are waived, as it is found that defendant does ...