The opinion of the court was delivered by: Dolly M. Gee, United States District Judge
Social Security No. 4 8 4 2
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. OCT 31 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: Distribution of Methamphetamine in violation of Title 21 U.S.C. §§ 841 (a)(1), (b)(1) (A) (viii) as charged in Count 6 of the First Superseding Indictment; Felon in possession of a Firearm and Ammunition in violation of Title 18 U.S.C. § 922 (g)(1) as charged in Count 7 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, ANGEL OSWALDO CARRERA,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 on Counts 6 and 7 of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of: one-hundred eighty (180) months. This term consists of one-hundred (120) months on Count 6 and sixty (60) months on Count 7 of the First Superseding Indictment to be served consecutively.
It is ordered that the defendant shall pay to the United States a special assessment of $200, 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 Prison's Inmate Financial Responsibility Program.
Pursuant to section 5E1.2 (e) of the Guidelines, 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.
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 Count 6 and three years on Count 7, 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
The defendant shall not commit any violation of federal, state or local law or ordinance;
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 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 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 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 up to 20 hours of community service per week as directed by the Probation Officer;
The defendant shall comply with the immigration rules and regulations of the United States, and when 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 the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012;
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 without the prior written approval of the Probation Officer;
The defendant may not associate with anyone known to him to be an "Eastside Wilmas" gang member or persons associated with the "Eastside Wilmas" gang, with the exception of his family members. He may not knowingly wear, display, use or possess any "Eastside Wilmas" gang insignia, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing that defendant knows evidences affiliation with the "Eastside Wilmas" gang, and may not knowingly display any "Eastside Wilmas" signs or gestures;
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 "Eastside Wilmas" gang meet and/or assemble;
Pursuant to the defendant's plea of guilty to Counts Six and Seven, the forfeiture allegation in the First Superseding Indictment, 21 U.S.C. § 853, and this Court's Preliminary Order of Forfeiture, which is incorporated herein by this reference, the defendant has forfeited all of his right, title, and ...