The opinion of the court was delivered by: U. S. District Judge, Gary Allen Feess
Social Security No. 7 7 4 2
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. 06 13 2011
David Robert Reed, Appointed
GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO X NOT CONTENDERE 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 and to Distribute Cocaine in violation of 21 U.S.C. § § 846, 841(b)(1)(A)(ii), as charged in Count 1; Conspiracy to Interfere with Commerce by Robbery in violation of 18 U.S.C. § 1951, as charged in Count 2; Use and Carry a Firearm During and in Relation to and Possess a Firearm in Furtherance of a Drug Trafficking Crime and a Crime of Violence in violation fo 18 U.S.C. § 924(c)(1)(A), as charged in Count 3 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, Derris Mondell Hurth, is hereby committed on Counts 1, 2, and 3 of the Indictment to the custody of the Bureau of Prisons for a term of 180 months. This term consists of 120 months on each of Counts 1 and 2, to be served concurrently, and 60 months on Count 3, to be served consecutively to Counts 1 and 2.
It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.
Pursuant to Guideline Section 5E1.2(a), 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 pay any fine.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on each of Counts 1 and 3, and three years on Count 2 of the Indictment, all such terms to run concurrently under the following terms and conditions:
1 The defendant shall comply with the rules and regulations of the
U. S. Probation Office and General Order 05-02.
2. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment.
3. The defendant shall cooperate in the collection of a DNA sample from the defendant.
4. 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.
5. The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer.
6. 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.
7. The defendant may not associate with anyone known to him to be a Hoover Crips gang member and others known to him to be participants in the Hoover Crips gang's criminal activities, with the exception of his family members. 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 evidence affiliation with the Hoover Crips gang, and may not display any signs or gestures that defendant knows evidence affiliation with the Hoover Crips gang.
8. 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 Hoover Crips gang meet and/or assemble.
The Court authorizes the Probation Officer to disclose the Presentence Investigation Report, and/or any previous mental health evaluations or reports, to the treatment provider. The treatment provider may provide information (excluding the Presentence Report), to State or local social service agencies (such as the State of California, Department of Social Services), for the purpose of the client's rehabilitation.
The Court recommends that the defendant be designated in a Bureau of Prison facility located at Terminal Island and wherein the defendant may ...