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United States of America v. David Lorenz David Perez; David Lopez

December 7, 2012

UNITED STATES OF AMERICA
v.
DAVID LORENZ DAVID PEREZ; DAVID LOPEZ; RICHARD BALLESTEROS; "SMILEY"; "WEASEL"



AMENDED

Social Security No. 9 0 9 2

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. 12 03 2012

Paul Blake, CJA

(Name of Counsel)

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

NOLO CONTENDERE NOT GUILTY

There being a finding of GUILTY, defendant has been convicted as charged of the offense(s) of: Use of a Communication Facility in Committing a Felony Drug Offense, in violation of Title 21 U.S.C. § 843(b), as charged in Count 1of the 7th Superseding Information.

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: FORTY-EIGHT (48) MONTHS

It is ordered that the defendant shall pay to the United States a special assessment of $100, 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 Program.

All fines are waived as the Court finds that the defendant has established that he is unable to pay a fine.

Defendant, David Lorenz, is hereby committed on Count 1 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of 48 months, to run consecutively to the term of imprisonment the defendant is serving in relation to his conviction in Los Angeles County Superior Court, Case No. BA385121.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one year under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;

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 reside at and participate in an approved residential drug treatment and counseling program approved by the U. S. Probation Office, that includes urinalysis, saliva and/or sweat patch testing for treatment of narcotic addiction or drug dependency, until discharged by the Program Director;

As directed by the Probation Officer, the defendant shall pay to the extent he has the ability to so the costs of treating the defendant's drug and alcohol 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 20 hours of community service per week as directed by the Probation Officer; and

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

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 consent of the court.

The Court GRANTS dismissal of the underlying indictment.

The defendant waives his right to appeal.

The Court recommends to the Bureau of Prisons that the defendant enroll in a 500 hour drug and rehabilitation program. The Court further recommends that defendant be given an opportunity to have medical treatment on his back either before he's designated or certainly before he is transferred back to State Custody.

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, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

Terry Nafisi, Clerk, U.S. District Court

Chief U. S. District Judge

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

12/7/2012 By

Irene Ramirez

Filed Date Irene Ramirez, ...


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