The opinion of the court was delivered by: U. S. District Judge, Gary Allen Feess
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 03 22 2010
X WITH COUNSEL Gregory Nicolaysen, 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: FELON IN POSSESSION OF A FIREARM AND AMMUNITION in violation of 18 U.S.C. Section 922(g)(1) and DISTRIBUTION OF COCAINE BASE IN THE FORM OF CRACK COCAINE in violation of 21 U.S.C. Section 841(a)(1), (b)(1)(B): as charged in Counts 2 and 3 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, Devonne Larry Norman, is hereby committed on counts two and three of the indictment to the custody of the Bureau of Prisons for a term of sixty-eight (68) months. This term consists of sixty-eight (68) months on each of counts two and three, to be served concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
All fines are waived as it is found that the defendant does not have the ability to pay.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years. This term consists of three (3) years on count two and four (4) years on count three, all such terms to run concurrently under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. 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;
3. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
4. When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer; and
5. The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Court recommends that the defendant be designated in a Bureau of Prison facility somewhere in Southern California and wherein the defendant may participate in a 500-hour drug treatment program.
Defendant informed that he has waived his right to appeal
On the Government's motion, all remaining counts of the underlying indictment/information are ordered dismissed
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. ...