The opinion of the court was delivered by: Dale S. Fischer, U. S. District Judge
Social Security No. N O N E
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 3 7 11
X WITH COUNSEL Carlos Lagunas Juarez, Appointed
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 GUILTY, defendant has been convicted as charged of the offense(s) of:
21 U.S.C. § 843(b): Use of a Communication Facility In Committing A Felony Drug Offense - Count 13 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 defendant, Maxx David Morales, is committed on Count 13 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 48 months.
On release from imprisonment, the defendant shall be placed on supervised release for a term of 1 year under the following terms and
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;
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;
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 Varrio Hawaiian Gardens (VHG) gang member or others known to him to be participants in the VHG gang's criminal activities, 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 defendant knows evidence affiliation with the Varrio Hawaiian Gardens gang, and may not display any signs or gestures that defendant knows evidence affiliation with the Varrio Hawaiian Gardens gang; and 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.
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 the Court finds that the defendant has established that he is unable to pay and is not likely to become able to
The Court recommends that defendant be incarcerated in the Southern California area.
The Court grants the government's oral motion to dismiss the remaining counts of the ...