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United States v. Betancure

September 28, 2010

UNITED STATES OF AMERICA
v.
JON BETANCURE SOCIAL SECURITY NO. 4121 CORTEZ, JUAN CORTEZ, JOHN GUTIERREZ, JESUS (LAST 4 DIGITS)



The opinion of the court was delivered by: Stephen V. Wilson, 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. 09/13/2010

X WITH COUNSEL Larry M. Bakman, retained

(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: Conspiracy to Possess with Intent to Distribute a Controlled Substance in violation of 21 U.S.C. §846 as charged in Count One of the 1st Superseding 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:

SIXTY (60) MONTHS

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four 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/placement of probation and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer; During the period of community supervision the defenant 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; and The defendant may not associate with anyone known to him to be a Brown Brotherhood gang member or persons associated with the Brown Brotherhood gang, with the exception of his family members. He may not knowingly wear, disply, use or possess any Brown Brotherhood gang insignias, emblems, badges, buttons, caps hats, jackets, shoes, or any other clothing, which evidences affiliation with the Brown Brotherhood gang, and may not knowingly disply any Brown Brotherhood signs or gestures.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due

All fines are waived as it is found that the defendant does ot ave the ability to pay.

The Court recommends to the Bureau of Prisons that the defendant, if eligible, be allowed to participate in the 500 hour drug treatment program.

The Court further recommends that the defendant be designated to a facility in the Southern California area. All remaining counts are dismissed.

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, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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