JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date.
/ WITH COUNSEL Stephen P. White, Panel-Atty (Name of Counsel)
/ 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:
Racketeer Influenced and Corrupt Organizations Conspiracy in violation of 18 U.S.C. § 1962(d) as charged in Count 2 and Use of a Firearm in Furtherance of a Crime of Violence or Drug-Trafficking Crime in violation of 18 U.S.C. § 924(c) as charged in Count 19 of the First Superseding Indictment.
The Court asked whether defendant had anything to say 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:
Eighty-Four (84) months, to be served concurrently to the undischarged state prison sentence in Los Angeles County Superior Court, case no. BA341031. This term consists of 24 months on Count 2 and 60 months on Count 19 of the First Superseding Indictment, to be served consecutively. This sentence is imposed pursuant to the parties' written consent to have the Court modify the sentence pronounced in court, which was 96 months, without another hearing. (The Government did not consent to the reduction, but only to there not being another hearing.)
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of three years on each of Counts 2 and 19 of the First Superseding Indictment, all such terms to run concurrently 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 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 shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug and alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
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;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant may not associate with anyone known to him to be a Drew Street and/or Avenues gang member or persons associated with the Drew Street and/or Avenues gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Drew Street and/or Avenues gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Drew Street and/or Avenues gang, and may not knowingly display any Drew Street and/or Avenues 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 Drew Street and/or Avenues gang meet and/or assemble.
The Court authorizes the Probation Office to disclose the Presentence Investigation Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Investigation Report by the treatment provider is prohibited without the consent of the sentencing judge.
It is ordered that the defendant shall pay to the United States a special assessment of $200, ...