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Of America v. Jose Carlos De Los Rios

June 19, 2012

OF AMERICA
v.
JOSE CARLOS DE LOS RIOS



The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge

Social Security No. 2 5 8 2

(Last 4 digits)

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 06 18 12

Robert Mark Hartmann, Retained Counsel

(Name of Counsel)

T 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 GUILTY, defendant has been convicted as charged of the offense(s) of:

Possession With Intent to Distribute Cocaine, in violation of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(A)(ii), as charged in Count 2 of the Indictment.

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:

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

Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jose Carlos De Los Rios, is hereby committed on count two of the two-count indictment to the custody of the Prisons to be imprisoned for a term of Seventy-Two (72) months.

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:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer; and The defendant shall cooperate in the collection of a DNA sample from the defendant.

No drug testing is ordered as the Court finds that the defendant does not have a history of drug use or substance abuse and the likelihood of future drug or alcohol abuse does not presently exist.

The Court RECOMMENDS to the Bureau of Prisons that defendant, Jose Carlos De Los Rios, be designated to the penal institution at Victorville, California.

Defendant Jose Carols De Los Rios was informed of his right to file an appeal within 14 days of the judgment. The defendant may request an order to waive the fees to file an appeal, should he decide to seek an appeal of this Court's judgment and commitment order.

All remaining counts of the Indictment and/or any underlying charges are ordered dismissed in justice.

IT IS SO ORDERED.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation within 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.

that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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