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United States of America v. Starkey

June 20, 2011

UNITED STATES OF AMERICA
v.
STARKEY, JAMES ANDREW MONIKERS: "EARL;" "E"



The opinion of the court was delivered by: S. James Otero U. S. District Judge/Magistrate Judge

Social Security No. 3 2 1 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. June 20, 2011

Judith Rochlin, Appointed

(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:

21 U.S.C. § 846 Conspiracy to Distribute Cocaine Base in the Form of Crack Cocaine and Cocaine as charged in count one of the indictment. 21 U.S.C. § § 841(a)(1),(b)(1)(B)(iii) Distribution of Cocaine Base in the Form of Crack Cocaine and Cocaine as charged in count twenty-five 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:

It is ordered that the defendant shall pay to the United States a special assessment of $200, 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.

All fines are waived as it is found that such sanction would place an undue burden on the defendant's

The Court recommends that the defendant shall be housed at a facility that will be able to address defendant's significant serious medical needs and a facility that will be able to conduct a full mental health evaluation and provide all necessary treatment.

The Court further recommends that the defendant shall be house at a facility that can address defendant's significant serious drug abuse problem.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, James Andrew Starkey III, is hereby committed on Counts 1 and 25 of the 30-count indictment to the custody of the Bureau of Prisons for a term of 120 months. This term consists of 120 months on each of Counts 1 and 25 of the 30-count indictment, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 5 years. This term consists of 5 years on Count 1 and 5 years on Count 25 of the 30-count indictment, 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 05-02;

The defendant shall not commit any violation of local, state or federal law or ordinance;

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 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 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;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's ...


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