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United States of America v. Zenaida Sandy Dibernardo Zenaida Sandy

September 2, 2011

UNITED STATES OF AMERICA
v.
ZENAIDA SANDY DIBERNARDO ZENAIDA SANDY DIBERNARDO; ZENAIDA SANDY GARCIA; ZENAIDA LOVIO; GABRIELLE BAUTISTA



The opinion of the court was delivered by: George H. King, U. S. District Judge

Social Security No. 9 4 4 0

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. 09 01 2011

X WITH COUNSEL Hayne Yoon, DFPD

(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 of X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Distribute Methamphetamine and Heroin, in violation of 21 U.S.C. §§ 846, 841(b)(1)(B)(vii), (b)(1)(C), as charged in Count 1 of the 4-Count Indictment.

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 that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: SIXTY (60) MONTHS

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. All fines are waived as the Court finds that the defendant has established that she is unable to pay and is not likely to become able to pay any fine.

Defendant, Zenaida Sandy Dibernardo, is hereby committed on Count 1 of the 4-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 60 months.

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;

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 from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

As directed by the Probation Officer, the defendant shall pay to the extend she has the ability, all or part of the costs of treating the defendant's drug 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;

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 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.

On the Government's motion, all pending counts are hereby ordered DISMISSED.

Defendant waives her right to appeal.

The Court hereby recommends to the Bureau of Prisons to the extent possible that the defendant be considered for enrollment into either the RDAP program or any other drug treatment program as well as any mental health treatment or psychological treatment program as may be deemed appropriate for defendant.

The Court further recommends to the Bureau of Prisons that the defendant be placed in a Southern California facility.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within 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

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

TERRY NAFISI, CLERK OF COURT

9/6/2011 By

Irene Ramirez

Filed Date Irene Ramirez, Relief Courtroom ...


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