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United States v. Nguyen

May 18, 2010

UNITED STATES OF AMERICA
v.
HUY VIET NGUYEN SOCIAL SECURITY NO. NICK NGUYEN (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. 05 17 2010

X WITH COUNSEL Michael Guisti, Rtd.

(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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Possession with Intent to Distribute and Distribution of 4, 4-methylenedioxy-methamphetamine in violation of 21 U.S.C. § 841 (a)(1) as charged in Count 2 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:

The defendant shall pay to the United States a special assessment of $100.00, which is due immediately.

All fines are waived as 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, Huy Viet Nguyen, is hereby committed on the Two-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 60 months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years 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 318;

2. During the period of community supervision the defendant shall pay the special assessment and restitution 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 cooperate in the collection of a DNA sample from his person;

5. The defendant may not associate with anyone known to him to be a Oriental Playboys gang member, or persons associated with Oriental Playboys gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Oriental Playboys gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with Oriental Playboys gang, and may not knowingly display any Oriental Playboys signs or gestures;

6. 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 Oriental Playboys gang, or any other gang meet and/or assemble;

Defendant advised of his right to appeal.

The Court recommends that the defendant be housed at Santa Ana City Jail for at least four (4) months to complete GED Certificate. Thereafter, the Court recommends that the defendant be housed in a Southern California institution to facilitate visitation with family, friends and loved ones.

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 ...


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