The opinion of the court was delivered by: James V. Selna, 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 22 2010
X WITH COUNSEL David Swanson, retained
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 Possess with Intent to Distribute and to Distribute Methylenedioxymethamphetmine in violation of Title 21 U.S.C. § 846 as charged in Count 1 of the Information.
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 is hereby committed to the custody of the Bureau of Prisons for a term of:
Twenty Four (24) months on Count 1 the Information
It is ordered that the defendant shall pay to the United States a special assessment of $100.00, which is due
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
The defendant shall comply with General Order No. 01-05.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) 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;
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 participate in a mental health counseling program as directed by the Probation Officer, until discharged by the treatment provider, with the approval of the Probation Officer. Further, the defendant shall pay the cost of all treatment to the treatment provider and submit proof to the Probation Officer;
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 may not associate with anyone known to him to be a Dragon Family Junior gang member or persons associated with the Dragon Family Junior gang, with the exception of his family members. He may not knowingly wear, display, use, or possess any Dragon Family Junior gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Dragon Family Junior gang, and may not knowingly display any Dragon Family Junior gang 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 Dragon Family Junior gang meet and/or assemble; and The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, on July 30, 2010. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal ...