The opinion of the court was delivered by: S. James Otero U. S. District Judge/Magistrate Judge
Social Security No. X X X X (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. Nov. 19, 2012
GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
18 U.S.C. § 1962(d): Conspiracy to Engage in Racketeering Activity as charged in count one of the Second Superseding Indictment ; 21 U.S.C. §§846, 841(a)(1), (b)(1)(C): Conspiracy to Distribute Heroin; as charged in count five of the Second Superseding Indictment ; 21 U.S.C. §860: Distribution of Controlled Substances Within 1,000 Feet of a School, Playground, or Public Housing Authority; as charged in count sixteen 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 $300, 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 Prisons' Inmate Financial Responsibility
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.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Gary White, is hereby committed on Counts 1, 5, and 16 of the Second Superseding Indictment to the custody of the Bureau of Prisons for a term of 168 months. This term consists of 168 months on each of Counts 1, 5, and 16 of the Second Superseding Indictment, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 8 years. This term consists of 3 years on Counts 1, and 8 years on each of Counts 5 and 16 of the Second Superseding Indictment, all such terms to run concurrently under the following terms and
The defendant shall comply with the rules and regulations of the
The defendant shall not commit any violation of local, state or federal law or ordinance;
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 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 alcohol, and abusing prescription medications during the period of supervision;
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 may not associate with anyone known to him to be a Pueblo Bishops Bloods gang member with the exception of his family members.
The defendant shall not reside at El Pueblo Housing project without the express permission of the authorities of that location.
The defendant shall cooperate in the collection of a DNA sample from the defendant.
Defendant's person, premise or vehicle is subject to search and seizure anytime of the day or night upon probable cause to believe that the defendant is violation ...