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United States of America v. Marco Joshua Perez

September 13, 2011

UNITED STATES OF AMERICA
v.
MARCO JOSHUA PEREZ
JACK MARIO ORFALINA; VICTOR WAKEY; "SHY"; "WACKY"; "SHY ONE"; AND "SHY BOY"



The opinion of the court was delivered by: Christina A. Snyder, U. S. District Judge

Social Security No. 0 7 9 9

(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. 9 12 2011

Anthony Eaglin, CJA Panel Attorney Appointed

(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/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

Possession With Intent To Distribute Methamphetamine, in violation of Title 21 of the United States Code §§ 841(a)(1), 841(b)(1)(A), as charged in Count One 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, Marcos Joshua Perez, is hereby committed on Count 1 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of one-hundred eighty (180) months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years under the following terms and conditions:

1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;

2. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

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

4. 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; and

5. 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.

IT IS ORDERED that the defendant shall pay to the United States a special assessment of $100, which is due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine.

The Court authorizes the Probation Officer to disclose the Presentence Report, and/or any previous mental health evaluations or reports, to the treatment provider. The treatment provider may provide information (excluding the Presentence Report), to State or local social service agencies (such as the State of California, Department of Social Services), for the purpose of the client's rehabilitation.

IT IS RECOMMENDED that the Bureau of Prisons consider the defendant for placement in the 500-hour Residential Drug Abuse Program.

IT IS FURTHER RECOMMENDED that the Bureau of Prisons designate the defendant to a federal facility located somewhere on the East Coast.

Defendant advised of limited waiver of appeal. Notice of appeal must be filed no later than 14 days from the entry date of the judgment.

Government's oral motion to dismiss Count 2 of the Indictment (Court Docket No. 9) is GRANTED. Government's oral motion to dismiss the Information Re: Prior Conviction for a Felony Drug Offense for Defendant ...


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