The opinion of the court was delivered by: Margaret M. Morrowunited States District Judge
Social Security No. 1 8 6 2
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. 07 23 2012 Carlos Juarez, Appointed (Name of Counsel)
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:
Count 1: Conspiracy to Possess with Intent to Distribute a Controlled Substance [21 U.S.C. §846]. Class B Felony
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:
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. Any 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
It is ordered that the defendant shall pay restitution in the total amount of $1,750.
Defendant shall pay restitution in the total amount $1,750 to victims as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.
Restitution shall be due during the period of imprisonment as directed by the Court and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of restitution remains unpaid after release from custody, monthly installments of at least $100, shall be made during the period of supervised release and shall begin 30 days after the commencement of supervision.
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
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jose Desiderio Gaitan, is hereby committed on Count 1 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 96 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years under the following terms and
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 within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;
During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for the 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;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug and alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and 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 orders pertaining to such payment;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The Court authorizes the Probation Officer to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the ...