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United States v. Varner

United States District Court Eastern District of California


June 23, 2010

UNITED STATES OF AMERICA
v.
JORDAN VARNER

The opinion of the court was delivered by: Edward J. Garcia, United States District Judge Name & Title of Judicial Officer

(For Revocation of Probation or Supervised Release)

(For Offenses committed on or after November 1, 1987)

JUDGMENT IN A CRIMINAL CASE

(Defendant's Name) Linda Harter, AFD

Defendant's Attorney

THE DEFENDANT: admitted guilt to violation of charge(s) as alleged in the violation petition filed on . was found in violation of condition(s) of supervision as to charge(s) One after denial of guilt, as alleged in the violation petition filed on February 19, 2010 .

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following violation(s):

Number Nature of Violation Date Violation Occurred

New law violation February 12, 2010

[U] revokes: [ ] modifies: [ ] continues under same conditions of supervision heretofore ordered on January 9, 2009 .

The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is im posed to the Sentencing Reform Act of 1984.

Charge(s) is/are dism issed.

Any previously imposed criminal monetary penalties that remain unpaid shall remain in effect.

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 ny change of nam e, residence, or m ailing address until all fines, restitution, costs, and special assessm ents by this judgment are fully paid.

IMPRISONMENT

fendant is hereby com m itted to the custody of the United States Bureau of Prisons to be im prisoned for a total term onths .

The court makes the following recomm endations to the Bureau of Prisons: The Court recom m ends that the defendant be incarcerated in a northern California facility, but only insofar as this accords with security classification and space availability.

The defendant is rem anded to the custody of the United States Marshal.

The defendant shall surrender to the United States Marshal for this district. [ ] at on . [ ] as notified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: [ ] before on . [ ] as notified by the United States Marshal. [ ] as notified by the Probation or Pretrial Services Officer.

If no such institution has been designated, to the United States Marshal for this district.

RETURN

I have executed this judgment as follows:

Defendant delivered on to , with a certified copy of this judgment.

SUPERVISED RELEASE from imprisonment, the defendant shall be on supervised release for a term of 22 months . must report to the probation office in the district to which the defendant is released within 72 hours of release from the of the Bureau of Prisons.

shall not commit another federal, state, or local crime. shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of controlled The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug not to exceed four (4) drug tests per month.

The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.)

The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. (Check, if applicable.)

The defendant shall submit to the collection of DNA as directed by the probation officer. (Check, if applicable.)

The defendant shall register and comply with the requirements in the federal and state sex offender registration agency in the jurisdiction of conviction, Eastern District of California, and in the state and in any jurisdiction where the defendant resides, is employed, or is a student. (Check, if applicable.)

The defendant shall participate in an approved program for domestic violence. (Check, if applicable.) judgment imposes a fine or a restitution obligation, it is a condition of supervised release that the defendant pay in accordance Schedule of Payments sheet of this judgment.

must comply with the standard conditions that have been adopted by this court as well as with any additional conditions page.

STANDARD CONDITIONS OF SUPERVISION

defendant shall not leave the judicial district without permission of the court or probation officer; the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days each month; defendant shall answer truthfully all inquiries by the probation officer and follow instructions of the probation officer; defendant shall support his or her dependants and meet other family responsibilities; defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons; defendant shall notify the probation officer ten days prior to any change in residence or employment; defendant shall refrain from excessive use of alcohol; defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted a felony unless granted permission to do so by the probation officer; defendant shall permit a probation officer to visit him or her at any time at home or elsewhere, and shall permit confiscation of contraband observed in plain view by the probation officer; defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement

defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without permission of the court; as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.

SPECIAL CONDITIONS OF SUPERVISION

he defendant shall submit to the search of his person, property, home and vehicle by a United States probation

or any other authorized person under the im m ediate and personal supervision of the probation officer, based on reasonable suspicion, without a search warrant. Failure to subm it to a search may be grounds for revocation. he defendant shall warn any other residents that the premises may be subject to seaches pursuant to this condition.

directed by the probation officer, the defendant shall participate in an outpatient correctional treatment program to obtain assistance for drug or alcohol abuse.

As directed by the probation officer, the defendant shall participate in a program of testing (i.e. breath, urine, sweat tch, etc.) to determ ine if he has reverted to the use of drugs or alcohol.

As directed by the probation officer, the defendant shall participate in a co-paym ent plan for treatm ent or testing and make paym ent directly to the vendor under contract with the U. S. Probation Office of up to $25.00 per month.

As directed by the probation officer, the defendant shall not associate with any known gang m ember of the Cut Throat gang, or any ohter known m ember of a crim inal street gang.

As directed by the probation officer, the defendant shall participate in an education or vocational training program.

20100623

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