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United States v. Varela

March 5, 2010

UNITED STATES OF AMERICA
v.
MARK ALLEN VARELA SOCIAL SECURITY NO. 6 5 1 6 (LAST 4 DIGITS)



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. March 2, 2010

x WITH COUNSEL Victor Cannon, Deputy Federal Public Defender

(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

GUILTY, defendant has been convicted as charged of the offense(s) of:

Possessing contraband in Prison, in violation of 18 Usc 1791(a)(2),(b)(1), as charged in Counts 1 & 2 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:

The defendant is committed to the custody of the Bureau of Prisons for imprisonment for a period of One (1) day. This term consists of 1 day on each of counts 1 & 2 to run concurrently with each other, but consecutive to the undischarged term of imprisonment the defendant is now serving in Central District of California docket numbers CR91-443 & CR91-444. Upon release from imprisonment, the defendant is placed on supervised release for a period of 3 years on each of Counts 1 & 2 to run concurrently under the following terms and conditions: 1) the defendant shall spend the first six (6) months in a residential drug treatment facility until discharged by the Program Director or Probation Officer; 2) the defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 3) The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days from release from custody and at least two periodic drug tests thereafter, not to exceed 31 tests per month, as directed by the Probation Officer; 4)The defendant shall participate in outpatient substance abuse treatment and counseling program that includes urinalysis,. Saliva and/or sweat patch testing, as instructed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of

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 the 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; 6) 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; 7) During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 8)The defendant shall cooperate in the collection of a DNA sample from the defendant

IT IS ORDERED that the defendant pay a special assessment of $200. to the United States which is due immediately. All fines are waived, as it is determined that the defendant does not have the ability to pay a fine.

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. Marshal or other

Clerk, U.S. District Court

March 5 2010 By

Nancy J. Webb

Filed Date Deputy Clerk

The defendant shall comply with the standard conditions that have been adopted by this ...


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