The opinion of the court was delivered by: U. S. District Judge, Gary Allen Feess
1ST AMENDED **ORIGINAL SENTENCING DATE 1/27/2009**
Social Security No. 5 0 3 5 (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 11 01 2011
X WITH COUNSEL Benjamin Broudy, Retained
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: Possession with Intent to Distribute Cocaine Base (Crack Cocaine) in violation of 21 U.S.C. Section 841(a)(1), (b)(1)(B)(iii) as charged in Count One of the Indictment
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 that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of SIXTY (60) 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 it is found that the defendant does not have the ability to pay a fine.
The Bureau of Prisons shall conduct a mental health evaluation of defendant and shall provide any needed treatment.
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 318;
2. 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;
3. 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 abusing prescription medications and alcohol, during the period of supervision;
4. The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name; and
5. The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Court recommends that the Bureau of Prisons designate defendant at Terminal Island to facilitate family visitation.
The Court recommends that the defendant participate in a 500-hour drug treatment program.
The Court recommends that defendant be housed at MDC pending designation to a ...