The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips
(Last 4 digits) Social Security No. 7 9 4 9
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 28 2011
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: Conspiracy to Possess with Intent to Distribute Methamphetamine, inn Violation 21 U.S.C.§ 846, 841(a)(1), (b)(1)(B)(viii), as Charged in Count One 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: It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due All fines are waived as it is found that such sanction would place an undue burden on the defendant's Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jose DeJesus Ramirez, is hereby committed on Count One of the 18-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 60 months.
Pursuant to U.S.S.G. § 5G1.3(c), the Probation Officer recommends that this sentence of imprisonment be imposed to run partially concurrently and partially consecutively to the sentence of imprisonment currently being served by the defendant in United States District Court for the Central District of California case number CR08-01270-RGK. Specifically, eight months of the sentence for the instant offense shall run concurrently with the time remaining on the prior sentence, under CR08-01270-RGK, from the date of sentencing forward. All prior time served shall be credited to the sentence under CR08-01270-RGK only.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years under the following terms and conditions. This term shall run concurrent to the term of three years supervised release imposed CR08-01270-RGK:
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 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 drug and alcohol dependency 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;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
Pursuant to 18 U.S.C. § 3553(a)(2)(D), 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 and to provide the defendant with needed correctional treatment in the most effective manner. Further redisclosure of the ...