The opinion of the court was delivered by: Dolly M. Gee, United States District Judge
Social Security No. 0 1 2 4 (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. OCT 24 2012
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: Conspiracy to Possess with Intent to Distribute Methamphetamine in violation of Title 21 U.S.C. §§ 846 and 841(a)(1) as charged in Count 1 of the 21-Count 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, DAVID MARIO GAETA,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 placed on PROBATION on Count 1 of the 21-Count Indictment for a term of five (5) years.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
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 a fine and is not likely to become able to pay any fine.
The defendant shall be placed on PROBATION on Count 1 of the 21-Count Indictment for a term of five 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
The defendant shall not commit any violation of federal, state or local law or ordinance;
The defendant shall participate for a period of eight months in a home detention program. Defendant will be permitted to drive himself to and from counseling and medical appointments. Said home detention program may include electronic monitoring, GPS, Alcohol Monitoring Unit or automated identification systems and the defendant shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment;
The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12 for each day of participation. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to periodic drug tests not to exceed eight tests per month, as directed by the Probation Officer;
The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer;
The defendant shall participate in an outpatient substances 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 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 defendant's drug dependency or mental health treatment 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 re-disclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge;
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, immediately upon commencement of community supervision, show proof of having disposed of all firearms in his possession and specifically the .454 caliber model MAX-1, semi-automatic pistol, serial no. 7040821397 and shall submit his property to search or seizure of firearms at any time of the day or night by any law enforcement officer with or without warrant and with or without reasonable or probable cause;
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Statement of Reasons shall be provided to the United States Probation Office and the U. S. Sentencing
The Court authorizes the Probation Office to disclose the Presentence Report to the U. ...