The opinion of the court was delivered by: R. Gary Klausner, Untied States District Judge
AMENDED PURSUANT TO NINTH CIRCUIT COURT OF APPEALS MANDATE FILED AUGUST 19, 2011
Social Security No. N O N E
(Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. NOV 30 2009
X WITH COUNSEL Victor Cannon, DFPD
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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Distribution of Methamphetamine in violation of 21 USC 841(a)(1), (b)(1)(B)(viii), as charged in Counts One, Two and Four of the Indictment; Distribution of Methamphetamine in violation of 21 USC 841(a)(1), (b)(1)(A)(viii), as charged in Count Three of the Indictment; and Possession with Intent to Distribute Marijuana in violation of 21 USC 841(a)(1),(b)(1)(D), as charged in Count 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:
It is ordered that the defendant shall pay to the United States a special assessment of $500, which is due
All fines are waived as it is found that the defendant does not have the ability to pay.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Victor Manuel Palma, is hereby committed on Counts One, Two, Three, Four, and Five, of the Five-Count Indictment to the custody of the Bureau of Prisons for a terms of 87 months on Counts One, Two, Three, and Four, and 60 months on Count Five, all such terms to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on each of Counts One, Two, Three, and Four, and one year on Count Five of the Five-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 318;
The defendant may not knowingly wear, display, use or possess any F13 gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the F13 gang, and may not knowingly display any F13 signs or gestures;
As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the F13 gang meet and/or assemble;
The defendant shall not commit any violation of local, state or federal law or ordinance;
The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at:United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012;
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; and
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 ...