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United States of America v. Nathan Nwobi Douglas Cook

August 29, 2012

UNITED STATES OF AMERICA
v.
NATHAN NWOBI DOUGLAS COOK



The opinion of the court was delivered by: George H. King, U.S. District Judge

E-FILED: JS-3

Social Security No. 9 5 0 5

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. 08 24 2012

JAMES SPERTUS, Retained

(Name of Counsel)

GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO Y NOT CONTENDERE GUILTY

There being a VERDICT of GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Manufacture and Possess with Intent to Distribute Marijuana in violation of Title 21 U.S.C. § 846, as charged in COUNT 1 of the FIRST SUPERSEDING INDICTMENT; Manufacture and Possession with Intent to Distribute Marijuana in violation of Title 21 U.S.C. §§ 841(a)(1), 841(b)(1) (B)(vii) as charged in COUNT 2 of the FIRST SUPERSEDING INDICTMENT; Manufacture and Possession with Intent to Distribute Marijuana in violation of Title

21 U.S.C. §§ 841(a)(1), 841(b)(1) (A)(vii) as charged in COUNT 3 of the FIRST SUPERSEDING INDICTMENT; Maintaining a Drug-Involved Premises in violation of Title 21 U.S.C. § 856(a)(1) as charged in COUNTS 4 AND 5 of the FIRST 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:

that the defendant shall pay to the United States a special assessment of $500, 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 nancial Responsibility Program.

It is ordered that the defendant shall pay restitution in the total amount of $37,908.85.

Defendant shall pay restitution in the total amount of $37,908.85 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 the 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 victim.

Restitution 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. If any amount of the restitution remains unpaid after release from custody, nominal payments of at least $25 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered.

Interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency.

The defendant shall comply with General Order No. 01-05.

All fines are waived as it is found that the defendant does not have the ability to pay a fine.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Nathan Nwobi, is hereby committed on counts one, two three, four, and five of the first superseding indictment, to the custody of the Bureau of Prisons for

130 MONTHS. This term consists of 130 months on each of counts one, two, three, four, and five of the first superseding indictment, all such terms to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 10 YEARS. This term consists of ten years on each of counts one, two, three, four, and five of the first superseding indictment, all such terms to run concurrently under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office, General Order 05-02, and General Order 01-05, including the three special conditions delineated in General Order 01-05;

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 excessive use of 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 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, if he is financially able, 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 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 and restitution 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;

The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer;

The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and

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

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 approval or consent of the sentencing judge.

that the defendant be allowed to participate in the 500 hour RDAP program.

IT IS FURTHER RECOMMENDED that the defendant be designated to a facility in the ...


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