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Tates of Am Erica v. David Pitts Smith

April 25, 2012

TATES OF AM ERICA
v.
DAVID PITTS SMITH



The opinion of the court was delivered by: Stephen V. Wilson, U. S. District Judge

Social Security No. 1 6 0 6

(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. 04 23 2012

M ichael S M eza, appointed

(Name of Counsel)

X 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:

CONSPIRACY TO DISTRIBUTE HEROIN in violation of 21 U.S.C. §846 as charged in Count 1 of the First Superseding Indictment T /

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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

TY (60) M ONTHS

n release from imprisonment, the defendant shall be placed on supervised release for a term of four years under the following nditions:

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 of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by Officer;

During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall 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 to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide 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 to such payment; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. Any unpaid be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons'

Responsibility Program.

ursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to likely to become able to pay any fine.

Court recommends the following to the Bureau of Prisons: hat defendant be designated to a facility in the Southern California area; and hat defendant, if eligible, be allowed to participate in the 500 hour drug treatment program.

Court, in the interest of justice, dismisses all remaining counts and the underlying Indictment.

to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of and at any time during the supervision period or within the maximum period permitted by law, ...


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