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Tates of Am Erica v. Vanessa Garcia

September 22, 2011

TATES OF AM ERICA
v.
VANESSA GARCIA



The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge

Social Security No. 0 3 9 3

(Last 4 digits)

JUDGM ENT AND PROBATION/COM M ITM ENT ORDER M ONTH DAY YEAR

the presence of the attorney for the government, the defendant appeared in person on this date. 09 19 11

David R. Reed, Panel Appointment (CJA)

(Name of Counsel)

T GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO NOT GUILTY CONTENDERE

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

Racketeering Conspiracy, in violation of Title 18, United States Code, Section 1962(d), as charged in Count 1; Conspiracy to Distribute adn to Possess With Intent to distribute M ethamphetamine, in violation of Title 21, United States Code, Section 846, as charged in Count 6 of the First Superseding 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:

ordered that the defendant shall pay to the United States a special assessment of $200, which is due

Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than 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 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, arcia, is hereby committed on Counts 1 and 6 of the First Superseding Indictment to the custody of of Prisons for a term of 120 months. This term consists of 120 months on each of Counts 1 and 6 Superseding Indictment, to be served concurrently.

pon release from imprisonment, the defendant shall be placed on supervised release for a term of five term consists of five years on Count 1 and five years on Count 6 of the First Superseding all such terms to run concurrently 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;

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 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;

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 cooperate in the collection of a DNA sample from the defendant;

The defendant may not associate with anyone known to her to be a Eastside Riva gang member and others known to her to be participants in the Eastside Riva gang's criminal activities, with the exception of her family members. She may not 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 Eastside Riva gang, and may not display any signs or gestures that defendant knows evidence affiliation with the Eastside Riva gang; and As directed by the Probation Officer, the defendant shall not be present in any area known to her to be a location where members of the Eastside Riva gang meet and/or assemble.

defendant was informed of her right to file an appeal within 14 days of entry of judgment; defendant may file a request for an order for waiver of the filing fee to file her notice of the Clerk's Office.

Court recommends to the Bureau of Prisons that the defendant be designated to a penal in Southern California, and that she be allowed to participate in the 500 hours Residential

Program (RDAP).

the interest of justice, upon the Court's own motion, any remaining ...


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