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United States v. Melcer

April 13, 2010

UNITED STATES OF AMERICA
v.
70. KLINT AUSTIN MELCER SOCIAL SECURITY NO. 4 0 9 5 AUSTIN KLINT MELCER; DANGER (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. 04 12 10

X WITH COUNSEL Judith Rochlin

(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: Racketeer Influenced and Corrupt Organizations Conspiracy in violation of 18 U.S.C. §1962(d), as charged in 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:

The defendant shall pay to the United States a special assessment of $100, which is due immediately.

All fines are waived because it is found that the defendant does not have the ability to pay a fine.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the court that the defendant, Klint Austin Melcer, is hereby committed on count one of the indictment to the custody of the Bureau of Prisons to be imprisoned for a term of One Hundred Thirty-seven (137) months.

Upon release from imprisonment, the defendant shall be placed on supervised release for three (3) years 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;

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 may not associate with anyone known to him to be a Mongols Gang (Mongols) member or persons associated with the Mongols, with the exception of any of his family members that may be affiliated with Mongols. He may not knowingly wear, display, use or possess any Mongols insignias, emblems, badges, buttons, caps, hats, jackets, vests, or any other clothing, which evidences affiliation with the Mongols, and may not knowingly display any Mongols 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 Mongols gang meet and/or assemble; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

On the Government's motion, all remaining counts and or underlying indictment or information, ordered dismissed. ...


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