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: NOVEMBER 7, 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 David Phillips, appointed PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a finding of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to distribute cocaine in violation of Title 21 USC 846, 841(a)(1),(b)(1)(A)(ii) as charged in count 1 of the 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
imprisoned for a term of:
Eighty-seven (87) months on counts 1 of the indictment.
IT IS FURTHER ADJUDGED that upon release from imprisonment
defendant shall be placed on supervised release for five (5) years,
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 not commit any violation of local, state
or federal law or ordinance; 3) 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; 4) during the period of community supervision shall
pay the special assessment in accordance with this judgment's orders
pertaining to such payment; 5) shall comply with the immigration rules
and regulations of the United States and when deported from this
country either voluntarily or involuntarily not re-enter the United
States illegally and although not required to report to the Probation
Office while residing outside of the United States, shall, within 72
hours of release from any custody or any re-entry to the United States
during the period of Court-ordered supervision, report for
to the U. S. Probation Office located at the United States Court House, 312 North Spring
Street, Room 600, Los Angeles, Ca 90012; 6) when not employed at least part-time or
enrolled in an educational or vocational program, shall perform 20 hours of community
service per week as directed by the Probation Officer; 7) shall cooperate in the collection
of a DNA sample from the defendant; 8) 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; 9) shall as directed by the Probation
Officer, the defendant shall pay all or part of the costs of treating the defendant's psychiatric
disorder 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.
The Court authorizes the Probation Office to disclose the presentence report, and/or 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.
The Court finds that the property identified in the preliminary order of forfeiture is subject to forfeiture. The preliminary order is incorporated by reference into this judgment and is final as to this defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.
IT IS FURTHER ORDERED that all fines and costs of imprisonment are waived.
Defendant shall comply with General Order 01-05.
IT IS FURTHER ORDERED that all remaining counts are dismissed as to this defendant.
IT IS FURTHER RECOMMENDED that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.
IT IS FURTHER ORDERED that upon completion of his term of incarceration, defendant shall be delivered to agents of ICE for determination of his status in this country.
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 ...