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United States v. Gradinariu

October 15, 2010

UNITED STATES OF AMERICA
v.
DANIEL GRADINARIU SOCIAL SECURITY NO. 5 3 9 6 (LAST 4 DIGITS)



The opinion of the court was delivered by: Honorable Terry J. Hatter, Jr., United States District Judge

AMENDED*

RE-SENTENCING

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. 05 17 2010

X WITH COUNSEL David McLane , 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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine in Violation of 21 U.S.C. § 846, as charged in Count One of the Third Superseding Indictment; Possession of Methamphetamine with Intent to Distribute in violation of 21 U.S.C. § 841(a)(1),(b)(1)(B)(viii), as charged in Count Two of the Third Superseding Indictment.

The Court asked whether defendant had anything to say 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, Daniel Gradinariu, Reg No. 25399-112, is hereby committed on Counts One and Two of the Third Superseding Indictment to the custody of the Bureau of Prisons to time served as of October 23, 2010, and should be released forthwith on that date. All other conditions of this Judgment and Commitment order shall remain in effect.

* A certified copy of this Amended Judgment and Commitment Order shall be sent by the clerk to the United States Probation Office, United States Marshals, the Bureau of Prisons, and the National Designator at Designation and Sentence Computation Center, U.S. Armed Forces Reserve Complex, 346 Marine Forces Drive, Grand Prairie, Texas 75051.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years. This term consists of five (5) years on each of Counts One and Two of the Third Superseding 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 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 and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;

4. 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 U.S. 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;

5. 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;

6. During the period of community supervision, the defendant shall pay the special assessment of $200 in accordance with this judgment's orders pertaining to such payment;

7. The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this county, 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, 312 North Spring Street, Room 600, Los Angeles, California 90012; and

8. The defendant shall cooperate in the collection of a DNA sample from the defendant.

It is ordered that defendant pay to the United States a special assessment of $200.00. 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.

The Court informs the defendant of his right to appeal.

The Court strongly recommends to the Bureau of Prisons that defendant be housed in a facility in City of Kansas City, Missouri or

The Court also recommends that defendant serve his supervised release in City of Kansas City, Missouri in Western District of

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 ...


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