The opinion of the court was delivered by: District Judge Manuel L. Real
Residence: Metropolitan Detention Center
Mailing: SAME 535 Alameda Street
Los Angeles, Ca 90012
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant
appeared in person, on: DECEMBER 10, 2012
Month / Day / Year
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL Pedro Castillo DFPD PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a finding of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Possession with intent to distribute methamphetamine in violation of Title 21 U.S.C. 841(a)(1),(b)(1)(A)(viii) as charged in count 1 of the indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
The Court asked whether defendant had anything to say 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 the defendant is hereby committed to the Bureau of Prisons to be imprisoned for a term of:
One hundred twenty (120) months.
IT IS FURTHER ADJUDGED that upon release from imprisonment
defendant shall be placed on supervised release for five (5) years,
under the following terms and conditions: the defendant 1) shall
comply with the rules and regulations of the U.S. Probation Office and
General Order 05-02, and General Order 01-05, including the three
special conditions delineated in General Order 01-05; 2) shall refrain
from any unlawful use of a controlled substance, and shall submit to 1
drug test within 15 days of release from imprisonment and at least 2
periodic drug tests thereafter, not to exceed 8 tests per month, as
directed by the Probation Officer; 3) shall participate in outpatient
substance abuse treatment and counseling program that includes
urinalysis, breath and/or sweat patch testing, as directed by the
Probation Officer, and shall abstain from using illicit drugs and
alcohol during the period of supervision; 4) during the course of
supervision, with the agreement of the defendant and defense counsel,
the Probation Officer may place the defendant in a residential
treatment program approved by the 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; 5) shall as directed by the Probation Officer 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 USC 3672,
and the defendant shall provide payment and proof of payment as directed by the Probation Officer; 6) shall during the
period of community supervision pay the special assessment in accordance with this judgment's orders pertaining to such payment
7) shall not participate either directly or indirectly in any form of gambling activity, including the purchase of lottery tickets, and shall
not enter any establishment where gambling is a primary source of income; 8) shall participate in a program for problematic gambling
as directed by the Probation Officer, until discharged from the program by the service provider with the approval of the Probation Officer;
the defendant shall pay the cost of such program; 9) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that all fines and costs of imprisonment are waived.
IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.
IT IS FURTHER ORDERED that any remaining counts and the information to establish prior conviction are dismissed as to this defendant.
IT IS FURTHER RECOMMENDED that the defendant be allowed to participate in the Bureau of Prison's 500 hour drug program.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of 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.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...