The opinion of the court was delivered by: George H. King, Chief U.S. District Judge
Social Security No. 5 6 8 5
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 25 2013
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: DISTRIBUTION OF METHAMPHETAMINE, in Violation of TITLE 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii), as charged in COUNT 2; DISTRIBUTION OF METHAMPHETAMINE ON PREMISES WHERE MINOR RESIDES OR IS PRESENT, in Violation of TITLE 21 U.S.C. § 860a, as charged in COUNT 3; ENGAGING IN THE BUSINESS OF DEALING IN FIREARMS WITHOUT A LICENSE, in Violation of TITLE 18 U.S.C. § 922(a)(1)(A), as charged in COUNT 6, and FELON IN POSSESSION OF FIREARMS, in violation of TITLE 18 U.S.C. § 922(g)(1), as charged in COUNT 9 of the 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:
It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately. Any unpaid balance shall be during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of l Responsibility Program.
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
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: ONE HUNDRED TWENTY (120) months. This term consists of 120 months on each of Counts 2, and 3, 60 months on count 6, and 120 months on Count 9 of the Indictment, all such terms to Upon release from imprisonment, the defendant shall be placed on supervised release for a term of eight (8) years. This term consists of 4 years on Count 2 and 8 years on Count 3, 3 years on each of Counts 6 and 9 of the 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, 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;
During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the U. S. 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;
As directed by the Probation Officer, the defendant shall pay, if the defendant has the ability to do so, 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 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;
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.
Upon motion of the government, all remaining counts are ordered dismissed as to this defendant, as well as the Information re:
that the defendant be permitted to wear tennis shoes while awaiting designation by the Bureau of Prisons and at California City, California.
that the defendant be considered for participation in the RDAP drug treatment program.
IT IS FURTHER RECOMMENDED that the defendant be designated to the facility at Terminal Island, California.
Defendant waives his right to appeal.
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.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...