JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 06/09/2010
X WITH COUNSEL Kim Savo, Deputy Federal Public Defender, Appointed
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Assaulting a Federal Officer Resulting in the Infliction of Bodily Injury in violation of 18 USC 111(a)(1)(b), as charged in Count 1 of the Single-Count 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 on count 1of the Single-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of: ONE HUNDRED FIFTY-ONE (151) MONTHS, of which Ninety-One (91) months are to be served concurrently any remaining undischarged term of imprisonment in the United States District Court, District of South Dakota (USDC, D/SD), Docket No. 3:01-CR-30057-CBK-1, and sixty (60) months to be served consecutively to the foregoing cases.
It is ordered that the defendant shall pay to the United States a special assessment of $100.00, which is
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 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;
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 shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one (1) drug test within fifteen (15) days of release from imprisonment/placement of probation and at least two (2) periodic drug tests thereafter, not to exceed eight (8) 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 United States 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 drug dependency/alcohol dependency/psychiatric disorder 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;
When not employed at least part-time and/or enrolled in an educational or vocational program, the defendant shall perform twenty (20) hours of community service per week as directed by the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant may not associate with anyone known to him to be a Gangster Disciples or Gangster Disciples Native Gangster Family gang member or persons associated with the Gangster Disciples or Gangster Disciples Native Gangster Family gangs, with the exception of his family members. He may not knowingly wear, display, use or possess any Gangster Disciples or Gangster Disciples Native Gangster Family gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Gangster Disciples or Gangster Disciples Native Gangster Family gangs, and may not knowingly display any Gangster Disciples or Gangster Disciples Native Gangster Family 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 Gangster Disciples or Gangster Disciples Native Gangster Family gangs meet and/or assemble;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name; and 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 ...