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United States v. Herrera

February 22, 2010

UNITED STATES OF AMERICA
v.
VICTOR HERRERA SOCIAL SECURITY NO. (LAST 4 DIGITS) 0 0 0 8 8 8 1 7 1 7 1 7



The opinion of the court was delivered by: Dale S. Fischer, United States 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. 2 22 10

X WITH COUNSEL Paul C. Horgan, 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: 21:846, 841 (a)(1), 841(b)(1)(A): Conspiracy to Distribute Controlled Substances - Count 1 of the Indictment; 21:843(b): Use of a Communication Facility in Committing a Felony Drug Offense - Count 49 of the Indictment; 21:843(b): Use of a Communication Facility in Committing a Felony Drug Offense - Count 52 of the Indictment.

The Court asked whether there was any reason 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, Victor Herrera, is hereby committed on Counts 1, 49, and 52 of the 60 Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 286 months. This term consists of 286 months on Count 1, and 48 months on Counts 49 and 52, all to be served concurrently.

On release from imprisonment, the defendant shall be placed on supervised release for a term of ten years. This term consists of ten years on Count 1, and one year on each of Counts 49 and 52, 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 to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. 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;

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

The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer;

The defendant may not associate with anyone known to him to be a Florencia-13 ("F-13") gang member or persons associated with the F-13 gang, with the exception of his family members. He may not knowingly wear, display, use or possess any F-13 gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the F13 gang, and may not knowingly display any F-13 signs or gestures; and,

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 F-13 gang meet and/or assemble.

The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge.

It is ordered that the defendant shall pay to the United States a special assessment of $300, ...


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