Social Security No. 2 3 1 6
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person Jan. 09 2013 Lawrence J. Litman, panel.
GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE X NOT GUILTY
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Count 1: Racketeer Influenced and Corrupt Organizations Conspiracy (18 U.S.C. §1962(d));
Counts 16, 17, 18: Violent Crime in Aid of Racketeering Activity (18 U.S.C. § 1959(a)(5));
Count 20: Conspiracy to Commit Kidnaping (18 U.S.C. § 1201c);
as charged in the Fourth 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:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Javier Perez, is hereby committed on Counts 1, 16, 17, 18 and 20 of the to the custody of the Bureau of Prisons to be imprisoned for a term of life.
This term consists of life on each of Counts 1 and 20 and 120 months on each of Counts 16, 17, and 18 of the Fourth Superseding Indictment, all to be served concurrently.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.
If release from imprisonment, the defendant shall be placed on supervised release for a term of 5 years. This term consists of 5 years on each of Counts 1 and 20 and 3 years on each of Counts 16, 17, and 18 of the Fourth Superseding Indictment, 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 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/placement of probation 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 cooperate in the collection of a DNA sample from the defendant;
The defendant may not associate with anyone known to him to be a Lil Cycos gang member and others known to him to be participants in the Lil Cycos gang's criminal activities, with the exception of his family members. He may not wear, display, use or possess any gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing that defendant knows evidence affiliation with the Lil Cycos gang, and may not display any signs or gestures that defendant knows evidence affiliation with the Lil Cycos gang; and
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 Lil Cycos gang meet and/or assemble.
FINE: 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.
SPECIAL ASSESSMENT: It is ordered that the defendant shall pay to the United States a special assessment of $500, 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 ...