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United States v. Nunez

October 25, 2010

UNITED STATES OF AMERICA
v.
26) NANCY ELIZABETH NUNEZ SOCIAL SECURITY NO. 3444 NANCY NUNEZ, "ROACH", "MS. SLEEPY", "TITO" (LAST 4 DIGITS)



The opinion of the court was delivered by: Hon. David O. Carter, 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.

10/25/2010

X WITH COUNSEL David Haigh, 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: Racketeer Influenced and Corrupt Organizations Conspiracy in violation of 18 U.S.C. § 1962(d) as charged in Count 2 of the First Superseding Indictment; Violent Crimes in Aid of Racketeering in violation of 18 U.S.C. § 1959(a)(6) as charged in Count 5 of the First 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:

It is ordered that the defendant shall pay to the United States a special assessment of $200.00, which is due

Pursuant to U.S.S.G. § 5E1.2(a), all fines are waived as it is found that the defendant does not have the ability

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Nancy Elizabeth Nunez, is hereby placed on probation on Counts 2 and 5 of the First Superseding Indictment for a term of three years. This term consists of three years on each of Counts 2 and 5, 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 cooperate in the collection of a DNA sample from her person;

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 refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and to 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 a mental health treatment and counseling program for anger management, which may include evaluation and counseling, until discharged from the treatment by the treatment provider with the approval of the Probation Officer;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's psychiatric disorder 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 her to be a Florencia 13 gang member or persons associated with the Florencia 13 gang, with the exception of her family members. The defendant may not knowingly wear, display, use, or possess any Florencia 13 gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing which evidences affiliation with the Florencia 13gang, and may not knowingly display any Florencia 13 signs or gestures;

As directed by the Probation Officer, the defendant shall not be present in any area known to her to be a location where members of the Florencia 13 gang meet and/or assemble;

The defendant shall submit person and property to search or seizure at any time of the day or night by any law enforcement officer with or without a warrant and with or without reasonable or probable cause;

The defendant shall report to the United States Probation Office within 72 hours of her ...


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