The opinion of the court was delivered by: U. S. District Judge Jacqueline H. Nguyen
Social Security No. 3 2 1 5 (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. MAY 02 2011
George L Steele, CJA appointed 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:
21 USC 846: CONSPIRACY TO DISTRIBUTE HEROIN AND COCAINE (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:
77 months on count one of the 5-count indictment, which shall be served concurrently with the sentenced imposed in San Bernardino Superior Court, case number FWV901338. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years under the following terms and
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General
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 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. The defendant shall also be evaluated and treated for mental health issues as directed by the Probation Officer;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug 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;
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 redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Court recommends: that the defendant be designated for placement to a federal facility in the Eastern United States (New Jersey); that the defendant participate in and complete Bureau of Prisons' 500 hour drug treatment program (RDAP) and also provide all necessary counseling and treatment for a dual diagnosis program for untreated mental health issues while incarcerated. Any/all remaining counts and/or ...