The opinion of the court was delivered by: Andrew J. Guilford 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. 04/26/2010
X WITH COUNSEL Phillip Trevino, Retained
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 interfere with commerce in violation of 18 USC §1951(a) as charged in Count 1 of the Second Superseding Indictment; Interstate travel to commit crime of violence with firearm, and aiding and abetting in violation of 18 USC §942(g); 2(a) as charged in Count 2 of the Second Superseding Indictment; Carry a firearm during and in relation to, and possess a firearm in furtherance of, a crime of violence in violation of 18 USC §924(c)(1)(A), (B); 2(a) as charged in Count 3 of the Second Superseding Indictment; and Knowing possession of a machine gun, and aiding and abetting, in violation of 18 USC §924(o); 2(a) as charged in Count 4 of the Second Superseding 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately. All fines are waived as it is found that the defendant does not have the ability to pay a fine.
Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Vo Duong Tran, is hereby committed on Counts 1, 2, 3 and 4 of the Second Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 360 months. This term includes 0 months on each of Counts 1, 2 and 4 of the Second Superseding Indictment, to be served concurrently, and 360 months on Count 3 of the Second Superseding Indictment, to be served consecutively.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1, 2, 3, and 4, all 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;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
The Court recommends that the defendant be housed in the order of facilities as follows: 1. FCI Tucson, AZ;
2. FCI Sheridan, OR; 3. FCI Herlong, CA to facilitate visitation with his minor children, family and friends.
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. ...