The opinion of the court was delivered by: S. James Otero 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. April 30, 2010
X WITH COUNSEL Errol H. Stambler, appointed
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:
21 USC §§ 846, 841(a)(1), (b)(1)(B)(iv): Conspiracy to Manufacture Phencyclidine (PCP), to Distribute and Possess with Intent to Distribute PCP, and to Illegally Posses a Listed Chemical (1s) as charged in Count One of the Ten-Count 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:
The Court Orders the following corrections to the presentence report: Defendant's correct arrest date is January 7, 2009, not February 7, 2009. And, the correct date that the defendant entered his guilty plea was March 3, 2010, not March 10, 2010.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is
All fines are waived as it is found that such sanction would place an undue burden on the defendant's
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Ronell Napier, is hereby committed on Count One of the Ten-Count Second Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 70 months, credit for any time
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five 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 05-02;
The defendant shall not commit any violation of local, state or federal law or ordinance.
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 during the period of
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
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 ...