Social Security No. N O N E (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 10 29 2012
CARLOS JUAREZ, CJA, Appointed
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 Import Cocaine, in Violation of 21 U.S.C. § 963, as Charged in Count One of the Second Superseding Indictment; Conspiracy to Possess with Intent to Distribute Cocaine, in Violation of 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A), as Charged in Count Two of the Second Superseding Indictment; and, Distribution of Cocaine for Purpose of Unlawful Importation; Aiding and Abetting and Causing an Act to be Done, in Violation of 21 U.S.C.§§ 959(a), 960(a)(3), (B)(1)(B);
18 U.S.C. § 2, as Charged in Counts Three and Four of the Second 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:
It is ordered that the defendant shall pay to the United States a special assessment of $600, which is due
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, Jorge Hernando Gutierrez-Loaiza, is hereby committed on Counts 1, 2, 3, 4, 5, and 6 of the Second Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 120 months. This term consists of 120 months on each of Counts 1, 2, 3, 4, 5, and 6 of the Second Superseding Indictment, to be served concurrently. The period of time heretofore served, as of June 12, 2007, should be calculated into the defendant's term of incarceration.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on each of Counts 1, 2, 3, 4, 5, and 6, 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 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;
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 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 United States District Court, 3470 Twelfth Street, Room 161, Riverside, CA 92501; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
DEFENDANT INFORMED OF RIGHT TO APPEAL.
On Government's motion, the underlying indictment and the first superseding indictment, ORDERED
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within 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 law, ...