The opinion of the court was delivered by: District Judge Manuel L. Real
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: MAY 14, 2012 Month / Day / Year
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 Mark Daniel Melnick, 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 distribute and to distribute Methylenedioxymethamphetamine (MDMA) in violation of Title 21 U.S.C. 846, 841(a)(1),(b)(1)(C) as charged in the single-count 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
the defendant is hereby committed to the Bureau of Prisons to
imprisoned for a term of:
Eighteen (18) months.
IT IS FURTHER ADJUDGED that upon release from imprisonment
defendant shall be placed on supervised release for three (3) 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 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 as directed by the Probation Officer 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 USC 3672, and the defendant
shall provide payment and proof of payment as directed by the Probation Officer; 6) shall pay the special assessment
in accordance with this judgment's orders pertaining to such payment; 7) shall, when not employed or excused by the
Probation Officer for schooling, training, or other acceptable reasons, perform 20 hours of community service per week
as directed by the Probation Officer; 8) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that all fines and costs of imprisonment are waived.
IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.
IT IS FURTHER ORDERED that execution of sentence is stayed until October 2, 2012 at 12 noon, by which date and time the defendant shall self-surrender to the designated facility, or to the U.S. Marshal located at the Edward R. Roybal Federal Building and Courthouse, 255 East Temple Street, los Angeles, CA 90012.
IT IS FURTHER ORDERED that the bond of the defendant shall be exonerated upon his self-surrender on October 2, 2012 by 12 noon.
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. Marshal or other qualified officer.
Terry Nafisi, Clerk of Court
By /S/ Month / Day / Year William Horrell, ...