The opinion of the court was delivered by: George H. Wu, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 08 30 2010
WITH COUNSEL Ellen M. Barry, Appointed
U 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:
18 U.S.C. § 1962(d): RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS CONSPIRACY; 18 U.S.C. § 1959(a)(3): VIOLENT CRIME IN AID OF RACKETEERING; 18 U.S.C. § 924(c)(1)(A)(iii): DISCHARGE OF A FIREARM DURING AND IN RELATION TO A CRIME OF VIOLENCE; 21 U.S.C. § 846: CONSPIRACY TO DISTRIBUTE COCAINE; and 21 U.S.C. § 841(a)(1), 841(b)(1)(B): POSSESSION WITH THE INTENT TO DISTRIBUTE HEROIN as charged in 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: One Hundred Eighty (180) Months.
It is ordered that the defendant shall pay to the United States a special assessment of $500, which is due immediately.
Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jesus Martinez, is hereby committed on Counts 1, 12, 15, 20, and 28 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 180 months. This term consists of 60 months on each of Counts 1, 12, 20, and 28 of the Indictment to be served concurrently, and 120 months on Count 15, to be served consecutively. The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment. The Bureau of Prisons shall determine the defendant's eligibility for the 500 hour drug program.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 5 years under the following terms and conditions. This term consists of 3 years on each of Counts 1, 12, and 20, and 5 years on each of Counts 15 and 28, all such terms to run
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;
The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;
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 dependency/alcohol dependency/psychiatric disorder to the aftercare contractor 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;
The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge;
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and ...