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 29 2010
X WITH COUNSEL Chase Scolnick, DFPD
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
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 a Controlled Substance in violation of 21 U.S.C. § 846 as charged in Count 1 of the Indictment under Docket No. SACR 08-00028-JVS; Possession with Intent to Distribute a Controlled Substance in violation of 21 U.S.C. § 846 (b)(1)(B) as charged in Counts 2, 3 and 4 of the Indictment under Docket No. SACR 08-00028-JVS; Unlawful Transfer of Means of Identification in violation of 18 U.S.C. § 1028 (a)(7) as charged in Counts 1 and 2 of the Indictment under Docket No. SACR 08-00029-JVS 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:
Thirty-seven (37) Months . This term consists of 37 months on each of Counts 1, 2, 3 and 4 of the Indictment under Docket No. SACR08-00028-JVS and 30 months on Counts 1 and 2 of the Indictment under Docket No. SACR08-00029-JVS, all such terms to be served concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $600.00, which is due
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 five (5) years. This term consists of 5 years on each of Counts , 2, 3 and 4 of Docket No. SACR08-00028-JVS and three (3) years on each of Counts 1 and 2 of Docket No. SACR08-00029-JVS, 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
2. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
3. 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;
4. 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
5. 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 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 defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer.
7. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's substance abuse and mental health treatment 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;
8. The defendant shall cooperate in the collection of a DNA sample from the defendant; and
9. The defendant shall not be employed in any capacity wherein he has custody, control or access to individual's personal identification information.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.
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
The Court authorizes the Probation Officer to disclose the Presentence Report, and/or any previous mental health evaluations or reports, to the treatment provider. The treatment provider may provide information (excluding the Presentence Report), to State or local social service agencies (such as the State of California, Department of Social Services), for the purpose of the client's rehabilitation.
The Court recommends designation to a facility in Arizona and if Arizona is not available a facility in Texas. The Court further recommends, as a 3rd place priority, ...