The opinion of the court was delivered by: George H. King, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 04 12 2010
Y WITH COUNSEL GREGORY NICOLAYSEN, APPOINTED
Y GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a FINDING of Y GUILTY, defendant has been convicted as charged of the offense(s) of: CONSPIRACY TO DISTRIBUTE COCAINE BASE IN THE FORM OF CRACK COCAINE, in Violation of TITLE 21 U.S.C. § 846, 841(b)(1)(B)(iii), as charged in Count 1 of the 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:
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment. It is further recommended that the defendant be allowed to participate in a drug treatment program while in custody.
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
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four (4) 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; . 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;
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 U. S. 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;
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 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;
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;
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 not be employed in any capacity wherein she has custody, control or management of her employer's funds; . The defendant shall cooperate in the collection of a DNA sample from the defendant; . The defendant shall not associate with anyone known to her to be a Venice Shoreline Crips gang member or persons associated with the Venice Shoreline Crips gang, with the exception of her family members. She may not knowingly wear, display, use or possess any Venice Shoreline Crips gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which she knows evidences affiliation with the Venice Shoreline Crips gang, and may not knowingly display any Venice Shoreline Crips signs or gestures; and
As directed by the Probation Officer, the defendant shall not be present in any area known to her to be a location where members of the Venice Shoreline Crips gang meet and/or assemble.
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 additions or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the Court.
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 Prsentence 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
Upon motion of the government, all remaining counts are ordered dismissed.
Defendant waives her right to appeal.
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
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...