The opinion of the court was delivered by: Signed 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: DECEMBER 5, 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 Carlos Iriarte, retained 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 interfere with commerce by robbery in violation of Title 18 U.S.C. 1951 as charged in count 2 of the 1st superseding indictment; 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 seventeen (117) months, consisting of fifty-seven (57) months on count 2 and sixty (60) months on count 3 of the 1st superseding indictment, 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 three (3) years on count 2 and five (5) years on count 3, to be served 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 participate in outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer, and shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;4) during the course of supervision, with the agreement of the defendant and defense counsel, the Probation Officer may place the defendant in a residential treatment program approved by the 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; 5) 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; 6) the Court authorizes the Probation Office to disclose the presentence report, and/or any 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; 7) shall as directed by the Probation Officer 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 USC 3672, and the defendant shall provide payment and proof of payment as directed by the Probation Officer; 8) during the period of community supervision shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; 9) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $200.00, which is due immediately.
IT IS FURTHER ORDERED that all fines are waived.
IT IS FURTHER ORDERED that all remaining counts 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. ...