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United States of America v. 1) Ervin Peterson

April 11, 2011

UNITED STATES OF AMERICA
v.
1) ERVIN PETERSON, JR.
ERVING PETERSON



Social Security No. 6 7 0 6

(Last 4 digits)

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. 04 11 2011

X WITH COUNSEL Gregory Nicolaysen, Apptd.

(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 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 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii) as charged in Count 3 of the Indictment on Docket No. CR 00857-CJC and Prohibited Person In Possession Of A Firearm And/Or Ammunition in violation of 18 U.S.C. § 922(g)(1) as charged in Count 3 of the Indictment on Docket No. CR 08-00858-CJC. 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:

The defendant shall pay to the United States a special assessment of $200, which is due immediately.

All fines are waived as it is found that the defendant doe not have the ability to pay.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Ervin Peterson, Jr., is hereby committed on Count 3 of Docket No. CR 08-00857-CJC and Count 3 of Docket No. CR 08-00858-CJC to the custody of the Bureau of Prisons for a term of 60 months. This term consists of 60 months on Count 3 of Docket No. CR 08-00857-CJC, and 60 months on Count 3 of Docket No. CR 08-00858-CJC, all such terms to be served

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists fo five years on Count 3 of Docket No. CR 08-00857-CJC and three years on Count 3 of Docket No. CR 08-00858-CJC, 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 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; and

The defendant shall cooperate in the collection of a DNA sample from his person.

The Court strongly recommends that the defendant be housed in a Southern California institution to facilitate visitation with family, friends and loved ones.

On government's motion, all remaining counts are dismissed on Docket No. CR 08-00857-CJC and Docket No. CR 08-00858-CJC as to this defendant only.

Defendant advised of his right to 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.

U. S. District Judge

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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