The opinion of the court was delivered by: Andrew J. Guilford 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. 09 27 2010
X WITH COUNSEL William Elliott, Retained
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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Solicitation to Commit Kidnaping for Ransom in violation of 18 U.S.C. §§ 373(a), 1201(a) charged in the Single 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 $100.00, which is due
Under 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.
Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Cesar Ariel Zapata-Landeros, is hereby committed on Count 1 of the Single-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 97 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) 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 cooperate in the collection of a DNA sample from his person;
The defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
The defendant shall not commit any violation of local, state or federal law or ordinance;
The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at: United States Court House, 411 West Fourth Street, Suite 4170, Santa Ana, CA 92701-4516; and Defendant shall submit his person and property to search and seizure at any time of the day or night by any law enforcement officer of the United States or states within the United States including the District of Columbia, with or without a warrant and with or without reasonable or probable cause.
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.
The Court recommends that the defendant be housed at a facility in Southern California to facilitate visitation with his family ...