Opinion
Case Number: CR-00-0499-05 CRB.
May 24, 2004
Hugh Lavine, Defendant's Attorney.
JUDGMENT IN A CRIMINAL CASE
THE DEFENDANT:
[x] admitted guilt to violation of condition(s) three of the term of supervision.
was found in violation of condition(s) ____ after denial of guilt.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Date Violation Violation Number Nature of Violation Occurred
4 Defendant to stay away from January 29, 2004 Woodward Street by 14th and Duboce Streets
The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[x] The defendant is discharged as to charges one, two and three.
IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of time served.The Court makes the following recommendations to the Bureau of Prisons:
[X] The defendant is remanded to the custody of the United States Marshal.
The defendant shall surrender to the United States Marshal for this district.
at ____ on ____.
as notified by the United States Marshal.
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
before ____ on ____.
as notified by the United States Marshal.
as notified by the Probation or Pretrial Services Officer.
RETURN
I have executed this judgment as follows:
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________
Defendant delivered on ______________________ to ___________________ at ___________________________, with a certified copy of this judgment.
_____________________ UNITED STATES MARSHAL
By _______________________ Deputy U.S. Marshal
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of two (2) years.While on Supervised Release you shall not commit another federal, state or local crime and shall not illegally possess a controlled substance. Revocation of supervised release is mandatory for possession of a controlled substance.
You shall refrain from any unlawful use of a controlled substance. You shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter.
The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check if applicable.)
[x] You shall not possess a firearm, destructive device, or any other dangerous weapon.
Revocation of supervised release in mandatory for refusal to comply with drug testing imposed as a condition of supervision. 18 U.S.C. § 3565(b)(3) and 3583(g)(3)
You shall pay the assessment imposed in accordance with 18 U.S.C. § 3013, and shall immediately notify the probation officer of any change in your economic circumstances that might affect your ability to pay a special assessment, fine, restitution, or co-payments ordered by the Court.
If the judgment imposed a fine or a restitution obligation, it shall be a condition of supervision that you pay any such fine or restitution that remains unpaid at the commencement of the term of supervision in accordance with any Schedule of Payments set forth in the Criminal Monetary Penalties sheet of the judgment. In any case, the defendant shall cooperate with the probation officer in meeting any financial obligations
STANDARD CONDITIONS OF SUPERVISION
It is the order of the Court that the defendant shall comply with the following standard conditions:1) The defendant shall not leave the judicial district or other specified geographical area without permission of the Court or the probation officer;
2) The defendant shall report to the probation officer as directed by the Court or the probation officer, and shall submit a truthful and complete written report within the first five days of each month;
3) The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
4) The defendant shall support his or her dependants and meet other family responsibilities, including but not limited to, compliance with the terms of any court order or administrative process pursuant to the laws of a state, the District of Columbia, or any other possession or territory of the United States, requiring payments by the defendant for the support and maintenance of any child or of a child and the parent with whom the child is living;
5) The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons;
6) The defendant shall notify the probation officer at least ten (10) days prior to any change in residence or employment;
7) The defendant shall consume no alcohol if sentenced to the special condition that the defendant is to participate in a drug/alcohol program;
8) The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician;
9) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
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;
11) The defendant shall permit a probation officer to visit the defendant 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 seventy-two (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;
14) The defendant shall notify third parties of risks related to the defendant's criminal record, personal history, or characteristics, and shall permit the probation officer to make such notifications and/or confirm the defendant compliance with this notification requirement
SPECIAL CONDITIONS OF SUPERVISION
1) The defendant shall submit his person, residence, office, vehicle, or any property under his control to a search. Such a search shall be conducted by a United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to submit to such a search may be grounds for revocation. The defendant shall warn any residents that the premises may be subject to searches.2) The defendant shall not be in the vicinity of 59 Woodward Alley, San Francisco, CA, unless otherwise approved by the probation officer.
3) The defendant shall reside in a community correction center for a period of one hundred twenty (120) days as directed by the United States Probation Officer and shall follow all program rules and regulations.
4) The defendant shall abide to all existing standard and special conditions previously set.