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United States of America v. Jose Rodriguez Espinoza

August 23, 2011

UNITED STATES OF AMERICA
v.
JOSE RODRIGUEZ ESPINOZA, JR ALSO KNOWN AS RIBS ALSO KNOWN AS JUNIOR



Social Security No. 9 8 8 2

(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. August 22 2011

Richard A Hamar, retained

(Name of Counsel)

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

NOLONOT CONTENDERE GUILTY

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Counts 1s- 3s: 21 USC 841(a)(1), (b)(1)(B)(viii) DISTRIBUTION AND POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE; Count 4s: 21 USC 841(a)(1), (b)(1)(B)(viii), 860a DISTRIBUTION AND POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE; POSSESSION OF METHAMPHETAMINE WITH INTENT TO DISTRIBUTE ON PREMISES WHERE MINORS ARE PRESENT 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:

120 months on each on Counts 1 and 2 of the First Superseding Indictment to run concurrently with one another; 240 months on each of Counts 3 and 4 of the First Superseding Indictment to run concurrently with each other and concurrently with the terms imposed on Counts 1 and 2, plus an additional consecutive term of 60 months for the 21 U.S.C. § 860a enhancement for a total term of imprisonment of 300 months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 10 years This term consists of five years on each of Counts 1, 2 and 4 and 10 years on Count 3 of the First Superseding 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 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 and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain Jose Rodriguez Espinoza, Jr Docket No.: CR 11-00094-ODW-1 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 or alcohol 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 or alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment 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;

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; and The defendant shall cooperate in the collection of a DNA sample from himself.

Pursuant to 18 U.S.C. § 3553(a)(2)(D), 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 and in order to provide correctional treatment in the most effective manner. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of this Court.

Pursuant to 18 U.S.C. § 3553(a), the court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The Court, in determining the particular sentence to be imposed, shall consider:

The nature and circumstances of the offense and the history and characteristics of the defendant;

The need for the sentence imposed --

a. To reflect the seriousness of the offense; to promote respect for the law; and to provide just punishment for the offense;

b. To afford adequate deterrence to criminal conduct;

Jose Rodriguez Espinoza, Jr Docket No.: CR ...


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