Social Security No. 2 7 6 9
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person 08 03 2011 David M. Nisson, Panel.
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, 841 (b) (1) (B) (iii) Conspiracy to Possess with Intent to Distribute Crack Cocaine as charged in Count 2 of the Third Superseding 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:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Apolonia Ramirez, is hereby committed on Count 2 of the Third Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 87 months. The Court further orders that defendant is to receive credit for the 124 days of actual time served in state custody on two related cases, namely, defendant's June 20, 2006 conviction for possession of cocaine base for sale, in the Superior Court of the State of California, County of Los Angeles, case number BA294877, and defendant's October 24, 2007 conviction for transportation/sales of cocaine base, in the Superior Court of the State of California, County of Los Angeles, case number BA 330290.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years 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 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;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than her true legal name or names without the prior written approval of the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant may not associate with anyone known to her to be an 18 th Street gang member and others known to her to be participants in the 18 th Street gang's criminal activities, with the exception of her family members. She 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 18 th Street gang, and may not display any signs or gestures that defendant knows evidence affiliation with the 18 th Street gang; and
As directed by the Probation Officer, the defendant shall not be present in any area known to her to be a location where members of the 18 th Street gang meet and/or assemble.
FINE: 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
SPECIAL ASSESSMENT: It is further ordered defendant shall pay to the United States a special assessment fee of $100, which is due immediately to the Clerk of the Court.
SENTENCING FACTORS: The sentence is based upon the factors set forth in 18 U.S.C. § 3553, including the applicable sentencing range set forth in the guidelines.
The Court RECOMMENDS participation in the 500-hour drug program, if the ...