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United States v. Viramontes

September 14, 2010

UNITED STATES OF AMERICA
v.
BRIAN ALLEN VIRAMONTES SOCIAL SECURITY NO. 8888887, (LAST 4 DIGITS) 112111 111131 333313



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. 9 13 10

WITH COUNSEL Mayra Laura Garcia, Appointed

(Name of Counsel)

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:

18 U.S.C 1962(d) Racketeer Influenced and Corrupt Organizations Conspiracy - Count 1 of the Indictment; and 21 U.S.C 846, 841 (a)(1): Conspiracy - Count 8 of the Indictment; 21 U.S.C. §841(a)(1): Possession with Intent to Distribute - Count 27 of the Indictment; 18 U.S.C. §922: Felon in Possession of Firearm - Count 42 of the Indictment; 18 U.S.C. §924(c)(1), 2(a):

Use, Carrying and Possession of Firearm During and in Furtherance of a Crime of Violence or Drug Trafficking Crime -Count 51 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 defendant, Brian Allen Viramontes, is committed on Counts 1, 8, 27, 42, and 51 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 210 months. This term consists of 150 months on each of Counts 1, 8, and 27, and 120 months on Count 42, all to be served concurrently, and 60 months on Count 51, to be served consecutively to all other terms. All terms are to be served concurrently to the undischarged term of imprisonment in Los Angeles Count Superior Court Case No. VA102514.

On release from imprisonment, the defendant shall be placed on supervised release for a term of life. This term consists of life on each of Counts 8 and 27 and three years on each of Counts 1 and 42, and five years on Count 51 of the Indictment, 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;

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 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;

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 a Varrio Hawaiian Gardens gang member or persons associated with the Varrio Hawaiian Gardens gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Varrio Hawaiian Gardens gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, that evidences affiliation with the Varrio Hawaiian Gardens gang, and may not knowingly display any Varrio Hawaiian Gardens gang 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 Varrio Hawaiian Gardens gang meet or assemble.

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.

The court has found that the property identified in the preliminary order of forfeiture is subject to forfeiture. The preliminary order is incorporated by reference into the judgment and commitment order ...


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