The opinion of the court was delivered by: U. S. District Judge, Gary Allen Feess
1st AMENDED JS-3 (ORIGINALLY SENTENCED 2/14/11)
Social Security No. 9 5 2 7 (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 04 05 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 X GUILTY, defendant has been convicted as charged of the offense(s) of: DISTRIBUTION OF COCAINE IN THE FORM OF CRACK COCAINE in violation of 21 U.S.C. Section 841 (a)(1), (b)(1)(A)(iii) and FELON IN POSSESSION OF A FIREARM AND AMMUNITION in violation of 18 U.S.C. Section 922(g)(1) as charged in Counts 13 & 16 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: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Freddy T. Hill, is hereby committed on Counts 13 and 16 of the 16-Count Indictment to the custody of the Bureau of Prisons for a term of 104 months. This term consists of 104 months on Count 13 and 104 months on Count 16 of the Indictment, all such terms to be served concurrently
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
All fines are waived as it is found that the defendant does not have the ability to pay.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years. This term consists of four years on Count 13 and three years on Count 16 of the Indictment, all such terms to run concurrently under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the
U. S. Probation Office and General Order 05-02
2. 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;
3. 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;
4. As directed by the Probation Officer, the defendant shall pay all or part of 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;
5. 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 sentencing judge;
6. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
7. The defendant shall cooperate in the collection of a DNA sample from the defendant;
8. The defendant may not associate with anyone known to him to be a Five-Deuce gang member, with the exception of his family members. He may not knowingly wear, display, use or possess any Five-Deuce gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Five-Deuce gang, and may not knowingly display any Five-Deuce signs or gestures; and
9. 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 Five-Deuce gang meet and/or assemble
The Court recommends that the defendant be designated in a Bureau of Prison facility somewhere in Southern California, not to include Victorville and wherein the defendant may participate in a 500-hour drug treatment program.
Defendant informed that waived his right to appeal.
On the Government's motion, all remaining counts of the underlying ...