The opinion of the court was delivered by: George H. King, U. S. District Judge
Social Security No. - Dft15 1 1 1 3 3 3 8 8 8 8 8 0
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 09 08 2011
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 GUILTY, defendant has been convicted as charged of the offense of: Use of a Communication Facility in Committing a Felony Drug Offense, in violation of 21 U.S.C. § 843(b), (d)(1), as charged in Count 34 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: 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: FORTY-EIGHT (48) 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 he is unable to pay.
Defendant, Nick Everett Cervantez, is hereby committed on Count 34 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 48 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one year 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 during the period of supervision;
During the course of supervision, the Probation Officer, with the consent 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 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 to extent he has the ability to do so shall 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 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;
The defendant shall not voluntarily associate with anyone known to him to be a "Chino Sinners" gang member or persons associated with the "Chino Sinners" gang, with the exception of his family members. He may not knowingly wear, display, use or possess any "Chino Sinners" gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing known to him to evidence affiliation with the "Chino Sinners" gang, and may not knowingly display any "Chino Sinners" signs or gestures;
As directed by the Probation Officer, the defendant shall not voluntarily be present in any area known to him to be a location where members of the "Chino Sinners" gang meet and/or assemble; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge.
Government's motion to dismissal all pending counts as to this defendant is hereby GRANTED.
Defendant waives his right to appeal.
The Court recommends to the Bureau of Prisons that the defendant enroll and participate in the 500 hour intensive drug
The Court further recommends to the Bureau of Prisons to the extent possible 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 supervision period.
TERRY NAFISI, Clerk, U.S. District Court
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...