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United States of America v. Noshua Bryce Clemmons

September 19, 2011

UNITED STATES OF AMERICA
v.
NOSHUA BRYCE CLEMMONS



The opinion of the court was delivered by: Dolly M. Gee, United States District Judge

Social Security No. 4 7 7 1 (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. SEPT 19 2011

X WITH COUNSEL Judith Rochlin, 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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Possess with Intent to Distribute 3, 4-Methylenedioxy -methamphetamine in violation of Title 21 U.S.C. § 846 as charged in Count 1 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, NOSHUA BRYCE CLEMMONS is hereby placed on PROBATION on Count 1of the Indictment for a term of: five (5) years.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

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

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, NOSHUA BRYCE CLEMMONS, is hereby placed on PROBATION on Count One of the Indictment for a term of FIVE 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

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of this Judgment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probations Officer;

The defendant shall reside at and participate in an approved residential drug treatment and counseling program approved by the U.S. Probation Office for a period of up to six months, that includes urinalysis, saliva and/or sweat patch testing for treatment of narcotics addiction or drug dependency, until discharged by the Program Director and Probation Officer. The defendant shall be placed in this program no later than Friday, September 23, 2011;

Upon the completion of his residential drug treatment program, the defendant shall participate for a period of 12 months in a home detention program which may include electronic monitoring, GPS, Alcohol Monitoring Unit or automated identification systems and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment;

During the course of supervision and 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;

During the course of supervision, the Probation Officer, with the agreement 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 shall pay all or part of the costs of treating the defendant's substance abuse and mental health 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;

The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further disclosure of the PSR by the treatment provider is prohibited without the consent of the sentencing judge;

The Court recommends that the defendant apply for the Substance Abuse Treatment and Re-Entry ("STAR") Program while on probation. If he is volunteers to participate in the STAR Program, the defendant should follow through with the complete application process.

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 up to 20 hours of community service ...


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