JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person 08 09 2010
X WITH COUNSEL Yolanda Barrera, Panel
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
There being a finding/verdict of
GUILTY, defendant has been convicted as charged of the offense(s) of:
21 U.S.C. § 843 (b); Use of a Communication Facility in Committing a Felony Drug Offense as charged in Count 14 of the 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 to the custody of the Bureau of Prisons to be imprisoned for a term of:
is placed on PROBATION on Count 14 of the Indictment for a term of five (5) 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 05-02;
The defendant shall participate for a period of eighteen (18) months in a home detention program which may include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. The defendant shall be allowed to attend all school functions and events, travel to and from work, take her children to medical appointments;
The costs of electronic monitoring are hereby waived, as it is found that the defendant does not have the ability to pay;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
FINE: Pursuant to Section 5E1.2 (e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.
SPECIAL ASSESSMENT: It is further ordered defendant shall pay to the United States a special assessment fee of $100, which is due immediately to the Clerk of the Court.
SENTENCING FACTORS: The sentence is based upon the factors set forth in 18 U.S.C. § 3553, including the applicable sentencing range set forth in the guidelines.
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, ...