The opinion of the court was delivered by: District Judge Manuel L. Real
Residence: Metropolitan Detention Center
Mailing: SAME 535 Alameda Street
Los Angeles, Ca 90012
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: September 12, 2011
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL Dominic Cantalupo, appointed PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a finding of X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to interfere with commerce by robbery in violation of Title 18 U.S.C. 1951 as charged in count 2; and Carrying and using a firearm during and in relation to, and possession of a firearm in furtherance of, a drug trafficking crime and a crime of violence in violation of Title 18 U.S.C. 924(c)(1)(A) as charged in count 3, of the 1st Superseding Indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
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 the defendant is hereby committed to the Bureau of Prisons to be imprisoned for a term of:
One hundred eleven (111) months, consisting of fifty-one (51) months on count 2, and sixty (60) months on count 3, to be served consecutively.
IT IS FURTHER ADJUDGED that upon release from imprisonment
defendant shall be placed on supervised release for five (5) years,
consisting of 3 years on count 2 and 5 years on count 3, concurrently,
under the following terms and conditions: the defendant 1) shall
comply with the rules and regulations of the U.S. Probation Office and
General Order 05-02; 2) shall refrain from any unlawful use of a
controlled substance, and shall submit to 1 drug test within 15 days
of release from imprisonment and at least 2 periodic drug tests
thereafter, not to exceed 8 tests per month, as directed by the
Probation Officer; 3) shall pay the special assessment in accordance
with this judgment's orders pertaining to such payment; 4) shall
cooperate in the collection of a DNA sample from the defendant; 5)
when not employed or excused by
the Probation Officer for schooling, training, or other acceptable reasons, shall perform
20 hours of community service per week as directed by the Probation Officer; 6) shall not
associate with anyone known to him to be a 'Clanton 14' gang member and others known to
him to be participants in the 'Clanton 14' gang's criminal activities, with the exception of his family
members; and may not knowingly wear, display, use or possess any gang insignias, emblems,
badges, buttons, caps, hats, jackets, shoes, or any other clothing, that defendant knows evidence
affiliation with the 'Clanton 14'gang, and may not display any signs or gestures that defendant
knows evidence affiliation with the 'Clanton 14' gang; 7) as directed by the Probation Officer,
shall not be present in any area known to him to be a location where members of the 'Clanton
14' gang meet and/or assemble.
IT IS FURTHER ORDERED that all fines and costs of imprisonment are waived.
IT IS FURTHER ORDERED that defendant pay a special assessment of $200.00, which is due immediately.
IT IS FURTHER ORDERED that any remaining counts and the underlying indictment are dismissed as to this defendant.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of 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.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...