JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person 10 04 2010
X WITH COUNSEL Fredrico McCurry, Panel
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
There being a finding/verdict of
GUILTY, defendant has been convicted as charged of the offense(s) of:
21 U.S.C. § 843(b): USE OF A COMMUNICATION FACILITY IN COMMITTING A FELONY DRUG OFFENSE as charged in Count 6 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 the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Luis Humberto Alvarado, is hereby committed on Count Six of the Seven-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 48 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one year 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;
During the period of community supervision the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment;
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 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 alcohol or drug treatment program approved by the United States Probation Office for treatment of alcohol or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of alcohol or 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 alcohol and 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;
The defendant may not associate with anyone known to him to be a Lennox 13 or Mexican Mafia gang member or persons associated with the Lennox 13 or Mexican Mafia gangs, with the exception of his family members. He may not knowingly wear, display, use or possess any Lennox 13 or Mexican Mafia gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Lennox 13 or Mexican Mafia gang, and may not knowingly display any Lennox 13 or Mexican Mafia signs or gestures;
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 Lennox 13 or Mexican Mafia gangs meet and/or assemble; and The defendant shall cooperate in the collection of a DNA sample from the defendant.
FINE: Pursuant to Section 5E1.2 (e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.
SPECIAL ASSESSMENT: It is further ordered defendant shall pay to the United States a special assessment fee of $100, which is due immediately to the Clerk of the Court.
SENTENCING FACTORS: The sentence is based upon the factors set forth in 18 U.S.C. § 3553, including the applicable sentencing range set forth in the guidelines.
The Court RECOMMENDS participation in the 500-hour drug program, if the defendant qualifies. The Court RECOMMENDS that the defendant be considered ...