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United States v. Herrera

March 2, 2010

UNITED STATES OF AMERICA
v.
ORLANDO HERRERA SOCIAL SECURITY NO. 2 2 9 1 (LAST 4 DIGITS)



The opinion of the court was delivered by: R. Gary Klausner, Untied 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. FEB 25 2010

X WITH COUNSEL GILBERT GILIM-MORALES, RETAINED

(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: Conspiracy to Launder Money in violation of 18 USC 1956, as charged in Count 36 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:

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due

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

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Orlando Herrera, is hereby committed on Count 36 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of EIGHTEEN (18) MONTHS.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of TWO (2) YEARS 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 not associate with anyone known to him to be a Highland Park (HLP) gang member or persons associated with the Highland Park gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Highland Park gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes or any other clothing, which evidences affiliation with the HLP gang, and may not knowingly display any HLP 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 HLP gang meet and/or assemble; and

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

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

Defendant is advised of his right to appeal.

Counsel for the government motions the Court to dismiss all remaining counts. Motion granted.

The Court recommends that the defendant be designated to a Bureau of Prisons facility in Southern California.

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 supervision period.

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


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