The opinion of the court was delivered by: District Judge Manuel L. Real
Residence: Metropolitan Detention Center
Mailing: SAME 535 Alameda Street
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: August 6, 2012
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 Stephen Demik DFPD
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY FINDING:
There being a jury verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Possession with Intent to Distribute Heroin in violation of Title 21 USC 841(a)(1), (b)(1)(B)(i) as charged in the single-count 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:
Thirty-seven (37) months.
IT IS FURTHER ADJUDGED that upon release from imprisonment
defendant shall be placed on supervised release for four (4) 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) 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 instructions to
the U. S. Probation Office located at the United States Court House, 312 North Spring Street,
Room 600, Los Angeles, Ca 90012; and 5)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 upon completion of his term of imprisonment the defendant shall be delivered forthwith 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 ...