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United States of America v. Albert Juan Ortega S.S.#-------8262

August 23, 2011

UNITED STATES OF AMERICA
v.
ALBERT JUAN ORTEGA S.S.#-------8262 DEFENDANT



The opinion of the court was delivered by: Signed by: District Judge Manuel L. Real

Residence: Metropolitan Detention Center

Mailing: SAME

JUDGMENT AND PROBATION/COMMITMENT ORDER

In the presence of the attorney for the government, the defendant appeared in person, on: AUGUST 22, 2011

Month / Day / Year

COUNSEL:

WITHOUT COUNSEL

However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.

XX WITH COUNSEL Michael Treman, retained PLEA:

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

FINDING:

There being a Jury Verdict of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to kidnap in violation of Title 18 U.S.C. 1201(c) as charged in count 1; Kidnaping in violation of Title 18 U.S.C. 1201(a)(1) as charged in count 2; Conspiracy to possess with intent to distribute methamphetamine in violation of Title 21 U.S.C. 846 as charged in count 3; Possession of a firearm during crime of violence in violation of Title 18 U.S.C. 924(c) as charged in count 4; Possession with intent to distribute methamphetamine in violation of Title 21 U.S.C. 841(a)(1),(b)(1)(B)(viii) as charged in counts 5 and 6; Possession of a firearm during a drug trafficking offense in violation of Title 18 U.S.C. 924(c) as charged in count 7, of the indictment.

JUDGMENT AND PROBATION/COMMITMENT ORDER:

The Court asked whether defendant had anything to say 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 the defendant is hereby committed to the Bureau of Prisons to be imprisoned for a term of:

Life plus thirty-two (32) years on counts 1 though 7; this sentence consists of three hundred sixty (360) months on counts 1, 2, 5, and 6; Life on count 3; eighty-four (84) months on count 4, and three hundred (300) months on count 7. Counts 1 through 3 and 5 and 6 are to be served concurrently with each other; count 4 is to be served consecutively to the terms imposed on counts 1 through 3 and 5 and 6; and count 7 is to be served consecutively to the terms imposed on counts 1 through 6.

IT IS FURTHER ADJUDGED that should the defendant be released from imprisonment, the defendant shall be placed on supervised release for a term of ten (10) years, consisting of 10 years on count 3, 8 years on counts 5 and 6, and 5 years on counts 1, 2, 4, and 7 of the indict-ment, all such terms to be served concurrently, under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02; 2) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 3) 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, and shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision; 4) shall as directed by the Probation Officer pay all or part of the costs of treating the defendant's drug and alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672, and the defendant shall provide payment and proof of payment as directed by the Probation Officer; 5) shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; 6) shall, when not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, perform 20 hours of community service per week as directed by the Probation Officer; 7) shall cooperate in the collection of a DNA sample from the defendant.

IT IS FURTHER ORDERED that defendant pay a special assessment of $700.00, which is due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25.00 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

IT IS FURTHER ORDERED that all fines are waived.

The defendant is informed of his right to appeal. At defendant's request, the Court Orders the Clerk to file an appeal on his behalf.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of this judgment be imposed. the Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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