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. JAN. 4 2011
X WITH COUNSEL Chase Scolnick, DFPD, 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: Distribution of Cocaine Base in the Form of Crack Cocaine in violation of Title 21 United States Code, Section 841 (a)(1), (b)(1)(C) as charged in Counts 3 & 4 of the Indictment. Distribution of Cocaine Base in the form of Crack Cocaine in violation of Title 21 United States Code, Section 841 (a)(1)(, (b)(1)(B) as charged in Count 5 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: One hundred ten (110) months.
The Court ORDERS the defendant to pay to the United States a special assessment of $300.00, to the Clerk of the Court, which is All fines are waived as it is found that the defendant does not have the ability to pay a fine.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, WALTER WHEELER, is hereby, committed on Counts 3, 4, and 5 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of This term consists of 110 months on each of counts 3, 4, and 5 , all such terms to be served concurrently. The Court recommends that the defendant participate in the 500-hour drug treatment program, but the Bureau of Prisons shall determine the defendant's Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years. This term consists of four years on each of Counts 3, 4 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 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, and abusing prescription medications 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 drug treatment program approved by the United States 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. . As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's substance abuse and mental health 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 Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further disclosure of the PSR by the treatment provider is prohibited without the consent of the sentencing judge. . 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 cooperate in the collection of a DNA sample. . When not employed or enrolled in school, the defendant shall perform 200 hours of restricted community service as directed by
Once a year, by December 31 during the term of imprisonment and supervised release, the defendant shall write a letter to the Court providing a status report about his progress with this substance abuse treatment, his efforts to find gainful employment, what he has learned from his experience, and any other pertinent issues.
The Court recommends to the Bureau of Prisons that this defendant be designated to a facility in the Sheridan, Oregon area.
The Statement of Reasons shall be provided to the Probation Office and the U. S. Sentencing Commission.
The Court authorizes the Probation Office to disclose the Presentence Report to the U. S. Sentencing Commission.
The Court informs the defendant of his right to appeal. On Government's motion, all remaining count(s)/underlying indictment/information, Counts 1, 2, 6 and 7 only as to this defendant are hereby ordered dismissed.
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.
SENTENCING FACTORS: The sentence is based on the factors set forth in 18 U.S.C. Sect. 3553, as more ...