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Tates of Am Erica v. Antonio Donta Horsley

United States District Court Central District of California

February 11, 2013


Social Security No. 9 2 2 6

(Last 4 digits)



the presence of the attorney for the government, the defendant appeared in person on this date. 1 18 2013

Antonio Donta Horsley, Pro Per AND David J.P. Kaloyanides, appointed for sentencing and as advisory counsel

(Name of Counsel)

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


There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

21 U.S.C. §§ 846, 841 (a)(1), (b)(1)(A)(iii): Conspiracy to Distribute at least 280 grams of cocaine base in the form of crack cocaine as charged in Count One of the First Superseding Indictment T /

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:

judgment of the Court that defendant, Antonio Donta Horsley, is hereby committed on count 1 of the 13-count first superseding indictment to the custody of the Bureau of Prisons to be

for a term of 120 months .

that the defendant shall pay to the United States a special assessment of $100, which is

Any unpaid balance shall be due during the period of imprisonment, at the rate of per quarter.

are waived as it is found that defendant does not have the ability to pay any fines.

imprisonment, the defendant shall be placed on supervised release for a term of 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 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 of the Court;

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 at least two periodic drug tests thereafter, not to exceed eight tests per month;

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 course of supervision, the Probation Officer, with the consent of the defendant, may place the defendant in a residential drug treatment program approved by the United States Probation Office;

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;

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 for any purpose or in any manner without the prior written approval of the Probation Officer; and,

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

is ordered not to have any personal, direct or indirect contact with any of the named

indictment with the exception of Ms. Lucille Campos.

Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse

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


Court recommends that defendant be designated to Oxford Wisconsin, Inglewood Colorado, or

Alabama depending on the security level that the defendant qualifies to be in.

Court recommends that defendant be evaluated at the appropriate time by the BOP for the second

the interest of justice, the Court grants government's motion to dismiss the 851 Information filed November 19, 2010, the 851 Information filed September 12, 2011, Counts 3, 4, 5 of the First Superseding Indictment as to this defendant, and the original Indictment.

is advised of his right to appeal.

to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke for a violation occurring during the supervision period.

U. S. District Judge

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

Clerk, U.S. District Court

ebruary 11, 2013 By /s/ Christine Chung iled Date Deputy Clerk ant shall comply with the standard conditions that have been adopted by this court (set forth below).


While the defendant is on probation or supervised release pursuant to this judgment:

defendant shall not commit another Federal, state or local crime; defendant shall not leave the judicial district without the written

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

of the court or probation officer; defendant shall report to the probation officer as directed by the or probation officer and shall submit a truthful and complete report within the first five days of each month; defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; defendant shall support his or her dependents and meet other

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

responsibilities; defendant shall work regularly at a lawful occupation unless by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior

14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement;

change in residence or employment; defendant shall refrain from excessive use of alcohol and shall not possess, use, distribute, or administer any narcotic or other substance, or any paraphernalia related to such substances, except as prescribed by a physician; defendant shall not frequent places where controlled substances

15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;

16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.

sold, used, distributed or administered;

The defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).


defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or paid in full before the fifteenth (15 ) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments may be subject

for default and delinquency pursuant to 18th U.S.C. §3612(g). Interest and penalties pertaining to restitution, however, are not for offenses completed prior to April 24, 1996.

all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay the irected by the United States Attorney's Office. 18 U.S.C. §3613.

defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's mailing address or until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change in the economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and for probation 18 U.S.C. ).

ayments shall be applied in the following order:

1. Special assessments pursuant to 18 U.S.C. §3013;

2. Restitution, in this sequence:

Private victims (individual and corporate),

Providers of compensation to private victims, The United States as victim; 3. Fine; 4. Community restitution, pursuant to 18 U.S.C. §3663(c); and 5. Other penalties and costs.


directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate financial statement, with documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not apply for any loan or open credit without prior approval of the Probation Officer.

defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary proceeds sited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any unts, shall be disclosed to the Probation Officer upon request.

defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.


the within Judgment and Commitment as follows:

elivered on to

noted on appeal on

released on

issued on

appeal determined on

elivered on to

institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal


ate Deputy Marshal


and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my


Clerk, U.S. District Court


iled Date Deputy Clerk


ing of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of and/or (3) modify the conditions of supervision. conditions have been read to me. I fully understand the conditions and have been provided a copy of them. igned)

Defendant Date

U. S. Probation Officer/Designated Witness Date


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