The opinion of the court was delivered by: Jacqueline H. Nguyen 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. FEB 12 2010
X WITH COUNSEL Gregory Paul Spano, retained counsel
X 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:
21 USC 856: MAINTAINING A DRUG ESTABLISHMENT (Count 3 of the Indictment); 18 USC 924(c): POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICING CRIME (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,
Edgar Chavez-Sanchez, is hereby committed on Counts 3 and 4 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 147 months. This term consists of 87 months on Count 3, and 60 months on Count 4, to be served consecutively. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 5 years. This term consists of 3 years on Count 3, and 5 years on Count 4, all such terms to run 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;
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;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not reenter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any reentry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at:
United States Court House 312 North Spring Street, Room 600 Los Angeles, California 90012
The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately to the Clerk of the Court. All fines are waived as it is found that the defendant does not have the ability to pay a fine.
Any/all remaining counts and/or underlying indictment(s) are dismissed on the government's motion. The defendant was advised of and waived his right to appeal. The Probation Department is ORDERED to prepare and submit a revised PSR in conformance with the changes made on the record, during the sentencing hearing this date.
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, ...