Opinion
Ron Tyler, Defendant's Attorney.
JUDGMENT IN A CRIMINAL CASE
MARIA-ELENA JAMES, Magistrate Judge.
THE DEFENDANT:
[x] pleaded guilty to count(s): one of the Information. [] pleaded nolo contendere to count(s) ___ which was accepted by the court. [] was found guilty on count(s) ___ after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Date Offense Count Title & Section Nature of Offense Concluded Number(s) 36 CFR Section 1004.23(a)(1) Driving Under the Influence of Alcohol December 3, 2003 One and Two
The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[] The defendant has been found not guilty on count(s) ___.
[X] Count two of the Information (is) dismissed on the motion of the United States.
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. If ordered to pay restitution, the defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances.
PROBATION
The defendant is hereby placed on probation for a term of 3 years.
While on probation you shall not commit another federal, state, or local crime and shall not illegally possess a controlled substance. Revocation of probation is mandatory for possession of a controlled substance.
You shall pay the assessment imposed in accordance with 18 U.S.C. Section 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
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation 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.
[] The defendant shall not possess a firearm, destructive device, or any other dangerous weapon.
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.
Revocation of probation is mandatory for refusal to comply with drug testing imposed as a condition of supervision. 18 U.S.C. Sections 3565(b)(3) and 3583(g)(3)
STANDARD CONDITIONS OF PROBATION
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 PROBATION
1) The defendant shall pay a $10.00 special assessment fee which is due immediately.
2) The defendant shall complete an approved alcohol or drug abuse assessment and treatment program if deemed appropriate by the Probation Officer.
3) The defendant shall maintain and provide proof of financial responsibility to the California Department of Motor Vehicles and the U.S. Probation Officer as directed, for the term of your probation.
4) The defendants driving privileges shall be restricted for 90 days, except that you may drive to and from work and to and from your counseling program. This condition will be waived if your driving privileges were suspended by the California Department of Motor Vehicles for 90 days as a result of this incident and you provide proof of the suspension.
5) The defendant shall pay a fine of $1,000 fine or complete 125 hours of community service.
6) The defendant shall successfully complete an approved "First Offender's DUI Program" at the direction of the U.S. Probation Officer.