The opinion of the court was delivered by: Percy Anderson 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. 06 28 2010
X WITH COUNSEL Marcia Brewer, Appt.
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: Felon in Possession of Firearm in violation of Title 18 U.S.C. §922(g)(1), as charged in Count 1 of the Indictment; and Distribution of Cocaine Base in the Form of Crack Cocaine in violation of 21 U.S.C. §§841(a)(1), (b)(1)(A)(iii), 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: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Termaine Tuggle, is hereby committed on Counts 1 and 2 of the Indictment to the custody of the Bureau of Prisons for a term of 262 months. This term consists of 262 months on Count 2 and 120 months on Count 1 of the Indictment, both such terms to be served concurrently. This term shall run concurrently with the remaining term of imprisonment in Los Angeles County Superior Court, Case No. YA106081.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 10 years. This term consists of 10 years on Count 2 and three years on Count 1, both such terms to run concurrently under the following
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
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;
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 cooperate in the collection of a DNA sample from the defendant;
The defendant may not associate with anyone known to him to be an East Coast Crips 89th Street gang member or persons associated with the East Coast Crips 89th Street gang, with the exception of his family members. He may not knowingly wear, display, use or possess any East Coast Crips 89th Street gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the East Coast Crips 89th Street gang, and may not knowingly display any East Coast Crips 89th Street signs or gestures; and 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 East Coast Crips 89th Street gang meet and/or assemble.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately. All fines are waived as it is found that the defendant does not have the ability to pay.
Defendant is advised of his right to appeal.
Upon government's motion, all remaining counts of the underlying indictment and information, are ordered dismissed. Defendant is hereby remanded to the custody of the U.S. Marshal to await designation by the Bureau of Prisons.
The Court recommends that defendant be housed in a facility in Southern California.
The Court recommends that defendant participate in the Bureau of Prisons' 500 Hour Drug ...