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. 07 12 2010
X WITH COUNSEL Lawrence Jay Litman, Appt.
GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO X NOT CONTENDERE GUILTY
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Distribute 3,4-Methylenedioxy-methamphetamine (MDMA) in violation of Title 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(C), as charged in Count One of the First Superseding Information; and Possession with Intent to Distribute MDMA in violation of Title 21 U.S.C. §841(a)(1), (b)(1)(C), as charged in Counts Two and Three of the First Superseding Information. 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, Truc Tran, is hereby committed on Counts One, Two and Three of the First Superseding Information to the custody of the Bureau of Prisons for a term of 46 months. This term consists of 46 months on each of Counts One, Two and Three of the First Superseding Information, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts One, Two and Three of the First Superseding Information, all such terms to run concurrently 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 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;
When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;
The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately. All fines are waived as it is found that the defendant does not have the ability to pay the fine.
Defendant is advised of his right to appeal.
Defendant is hereby remanded to the custody of the U.S. Marshal to await designation ...