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United States v. Martin

February 25, 2010

UNITED STATES OF AMERICA
v.
DANIEL MARTIN MACIEL SOCIAL SECURITY NO. 7792 (LAST 4 DIGITS)



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. 2/22/2010

X WITH COUNSEL Bernard J. Rosen, 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 U.S.C. §§ 846; 841(a)(1), (b)(1)(A) - Conspiracy to Distribute Controlled Substances - Count 1 of the Indictment; 21 U.S.C. §843(b) - Use of a Communication Facility in Committing a Felony Drug Offense - Counts 45 and 46 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, Daniel Martin Maciel, is hereby committed on Counts 1, 45, and 46 of the Indictment 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 48 months on each of Counts 45 and 46, 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 45 and 46, 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;

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/her 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") or JKS gang member or persons associated with the F-13 or JKS gang, with the exception of his family members. He may not knowingly wear, display, use or possess any F-13 or JKS gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the F-13 or JKS gang, and may not knowingly display any F13 or JKS 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 or JKS gang meet and/or assemble.

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

All fines are waived as it is found that such sanction would place an undue burden on the defendant's dependents.

The Court recommends that defendant be incarcerated in the Southern California area.

The Court grants the government's motion to dismiss the ...


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