The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 08 24 10
W WITH COUNSEL David J. Thomas, Retained Counsel
James Cicalese, Retained Counsel
W 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: Felon in Possession of Firearm and Ammunition, in violation of Title 18, United States Code, Section 922(g)(1), as charged in the 1-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 to the custody of the Bureau of Prisons to be imprisoned for a term of:
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due
Pursuant to United States Sentencing Guidelines. § 5E1.2(a), all fines are waived as it is found that the defendant does not have the ability to pay a fine.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Adam Vincent Hurn, is hereby committed on count one of the indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 18 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three 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;
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;
The defendant shall participate in an outpatient substance abuse treatment and counseling program that may includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and abusing alcohol during the period of supervision;
The defendant shall reside for period of six months in a community correction center until discharged, as directed by Probation Officer and shall observe th rules of that facility.
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 treatment to the aftercare contractor(s) 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;
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 Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's corresponding treatment. Further redisclosure of the Presentence Report by the treatment provider(s) is prohibited without the consent of the sentencing judge.
It is further ordered that the defendant shall self-surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, Monday, October 11, 2010. In the absence of such designation, the defendant shall report on or before October 11, 2010, Noon, to the United States Marshal located at ...