The opinion of the court was delivered by: George H. Wu, 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. 03 01 2010
X WITH COUNSEL Janet Sherman, Appointed
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 Engage in the Business of Dealing in Firearms without a License pursuant to 18 U.S.C. §371 as to Count 1 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
It is ordered that the defendant shall pay to the United States a special assessment of $100, 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.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Vicente Garcia, is hereby committed on Count 1 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of FORTY-ONE (41) MONTHS.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years under the following terms and
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 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; and The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Court recommends that the Bureau of Prisons place the defendant in its 500 hour DAP (Drug Abuse Prevention) program. The Court recommends, but does not order, that defendant serve his term at a Southern California facility.
The Government dismisses all remaining counts against defendant Vicente Garcia, Jr. only.
The Court advises defendant of his rights to an appeal.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons by 12 noon on April 29, 2010. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at:
Roybal Federal Building 255 East Temple Street Los Angeles, California 90012 The defendant shall continue to participate in the home detention program which includes electronic monitoring and shall observe all rules of such ...