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United States v. Gavaldon

October 28, 2010

UNITED STATES OF AMERICA
v.
ROY GAVALDON SOCIAL SECURITY NO. 4666 JOSEPH OLIVAS, "SPIDER" (LAST 4 DIGITS)



The opinion of the court was delivered by: Hon. David O. Carter, U. S. District Judge

AMENDED

Re-Sentencing upon Remand from the U. S. Court of Appeals, 9th Circuit

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.

10/28/2010

x WITH COUNSEL Katherine Corrigan, appointed (Name of Counsel)

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:

18 USC 1962(d): RICO Conspiracy (Count 2) Class A Felony; 21 USC 846: Conspiracy to Distribute and to Aid and Abet the Distribution of Cocaine, Heroin and Methamphetamine (Count 3 ) Class C Felony.

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 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.

IT IS ORDERED that the defendant shall pay to the United States a special assessment of $200, which is due immediately to the clerk of the court.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Roy Gavaldon, is hereby committed on the First Superseding Indictment to the Bureau of Prisons for a term of two hundred sixty-two (262) months. This term consists of two hundred forty (240) months on each of Counts 2 and 3, to be served consecutive, with the total maximum term at two hundred sixty-two (262) months. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of three (3) years on each of Counts 2 and 3, all such terms to run concurrently under the following terms and conditions: (1) The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; (2) The defendant shall participate in outpatient substance abuse treatment and submit to drug and alcohol testing, as instructed by the Probation Officer. The defendant shall abstain from using illicit drugs, using alcohol, and abusing prescription medications during the period of supervision; (3) The defendant shall submit person and property to search or seizure at any time of the day or night by any law enforcement officer and any probation officer, state or federal, with or without a warrant and with or without reasonable or probable cause. (4) The defendant shall not possess, have under his control or have access to any firearm, explosive device or other dangerous weapon, as defined by federal, state or local law; (5) During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; and (6)The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name, without the prior written approval of the Probation Officer; further, the defendant shall not use, for any purpose or in any manner, any name other than his true legal name.

Court RECOMMENDS that the defendant be housed in a Southern California facility because of his close family

The Court RECOMMENDS that the defendant participate in the 500-Hour/RDAP Program within the Bureau of Prisons; this recommendation is made, nunc pro tunc, as of 2006.

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 ...


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