The opinion of the court was delivered by: George H. Wu, U. S. District Judge
Social Security No. 0 8 7 1 (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. 01 27 2011 WITH COUNSEL Humberto Diaz, DFPD (Name of Counsel)
U 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 U.S.C. 922(g)(1) FELON IN POSSESSION OF A FIREARM AND AMMUNITION as charged in 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: Forty-six (46) Months.
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 such sanction would place an undue burden on the defendant's dependents. Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, James Timothy Grant III, is hereby committed on count one of the Single-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 46 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years 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;
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 The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant may not associate with anyone known to him to be a Centinela Park Family and Inglewood Family gang member and others known to him to be participants in the Centinela Park Family and Inglewood Family gang's criminal activities, with the exception of his family He may not wear, display, use or possess any gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing that defendant knows evidences affiliation with the Centinela Park Family and Inglewood Family gang, and may not display any signs or gestures that defendant knows evidences affiliation with the Centinela Park Family and Inglewood Family gang;
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 Centinela Park Family and Inglewood Family gangs meet and/or assemble.
Defendant will remain on bond pending appeal. A Status Conference is set for May 26, 2011 at 8:00 a.m. The Court advises defendant of his rights to an appeal.
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 U.S. Marshal or other qualified Clerk, U.S. District Court