The opinion of the court was delivered by: Dale S. Fischer, United States District Judge
6 Social Security No. 2 9 4 6 (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 1 5 2011
X WITH COUNSEL George Paul Trejo, Retained
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:
21 U.S.C. §846, §841(a)(1), §841(b)(1)(A): Conspiracy to Distribute and Possess with Intent to Distribute Cocaine Base in the Form of Crack Cocaine, Methamphetamine, Heroin, Powder Cocaine and Marijuana 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, Cesar Enrique Paniagua, is hereby committed on Count 1 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 120 months.
On release from imprisonment, the defendant shall be placed on supervised release for a term of five years under the following terms 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 by the Probation Officer;
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 may not associate with anyone known to him to be a Varrio Hawaiian Gardens gang member or persons associated with the Varrio Hawaiian Gardens gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Varrio Hawaiian Gardens gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing that evidence affiliation with the Varrio Hawaiian Gardens gang, and may not knowingly display any Varrio Hawaiian Gardens 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 Varrio Hawaiian Gardens gang meet or assemble; and The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
All fines are waived as it is found that the defendant does not have the ability to pay.
The Court recommends that defendant be incarcerated at Terminal Island, California.
The Court recommends that defendant be allowed to participate in the Bureau of Prisons 500 hour drug program.
The Court grants the government's oral motion to dismiss the remaining counts of the Indictment as to this defendant.
The Court advised the defendant of the right to appeal ...