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United States of America v. Albarenga

August 24, 2012

UNITED STATES OF AMERICA
v.
ALBARENGA, JOSE. JOSE ALBERTO ALVARENGA VILLEDA



Social Security No. N o n e (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 August 23 2012

John D. Robertson, Panel.

(Name of Counsel)

X 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 Two: Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances (21 U.S.C.§ 846);

Count Eight: Distribution of Cocaine Base in the Form of Crack Cocaine (21 U.S.C. §841(a)(1), (b)(1)(B)(iii));

Count Nine: Distribution of Cocaine Base in the Form of Crack Cocaine (21 U.S.C. §841(a)(1), (b)(1)(B)(iii)); as charged in the Fourth Superseding 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:

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jose Alvarenga Villeda, is hereby committed on Counts Two, Eight, and Nine of the Fourth Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 168 months. This term consists of 168 months on each of Counts Two, Eight, and Nine of the Fourth Superseding Indictment, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years under the following terms and conditions. This term consists of five years on each of Counts Two, Eight, and Nine, all such terms to run concurrently.

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

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 abusing prescription medications and alcohol 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 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 dependency/alcohol dependency/psychiatric disorder 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;

The Court authorizes the Probation Office 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 treatment provider is prohibited without the consent of the sentencing judge;

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 comply with the immigration rules and regulations of the United States, and if deported or removed from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012;

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

The defendant may not associate with anyone known to him to be a 18 th Street gang member or persons associated with the 18 th Street gang, with the exception of his family members. She may not knowingly wear, display, use or possess any 18 th Street gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the 18 th Street gang, and may not knowingly display any 18 th Street signs or gestures; and As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the 18 th Street gang meet and/or assemble.

FINE: 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, and that such sanction ...


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