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Tates of Am Erica v. Mitchell Garrett Howard

June 15, 2011

TATES OF AM ERICA
v.
MITCHELL GARRETT HOWARD



The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge

Social Security No. 5 4 2 7 ne

(Last 4 digits)

JUDGM ENT AND PROBATION/COM M ITM ENT ORDER

M ONTH DAY YEAR

the presence of the attorney for the government, the defendant appeared in person on this date. 06 13 2011

JEFFREY A. AARON, Deputy Federal Public Defender, Appointed

(Name of Counsel)

GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO NOT GUILTY CONTENDERE

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 Oxycodone, in Violation of 21 U.S.C. § 846, as charged in Counts One of the First Superseding Indictment.

T

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:/

that the defendant shall pay to the United States a special assessment of $100, which is due to Guideline Section 5E1.2(a), all fines are waived, as the Court finds that the defendant does not ability to pay a fine, and such sanction would place an undue burden on the defendant's dependents.

to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Mitchell ard, is hereby committed on Count 1 of the 30-Count First Superseding Indictment, to the custody of Prisons to be imprisoned for a term of 36 months.

from imprisonment, the defendant shall be placed on supervised release for a term of five years following terms and conditions:

The defendant shall comply with the rules and regulations of the United States 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 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 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 judge.

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 cooperate in the collection of a DNA sample from the defendant.

It is ordered that the defendant shall surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, on August 15, 2011. In the absence of such designation, the defendant shall report on or before the same date ant time, to the United States Marshal located at:

United States Court House 3470 Twelfth Street, Room G-122 Riverside, CA 92501

overnment's motion, the remaining counts contained in the First Superseding Indictment, dismissed.

The Court RECOMMENDS that the defendant be placed at the Bureau of Prisons facility, at Lompoc, California, or ...


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