United States District Court, N.D. California
January 12, 2004.
UNITED STATES OF AMERICA
The opinion of the court was delivered by: JAMES LARSON, Magistrate Judge
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
[x] pleaded guilty to count(s): one of the Information.
 pleaded nolo contendere to count(s) ___ which was accepted by the
 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):
Title & Section Nature of Offense Date Offense Concluded Count Number(s)
36 C.F.R. § 4.23(a) Driving Under the Influence of Alcohol 5/10/03 1
The defendant is sentenced as provided in pages 2 through ___7___ of
this judgment. The sentence is imposed pursuant to the Sentencing Reform
Act of 1984.
[x] The defendant has been found not guilty on count(s) ___.
[x] Count(s) 1 and 3 of the Information (are) 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
The defendant is hereby placed on probation for a term of 4
years with credit given for the time he was on supervised release between
the date of his plea on September 29, 2003 and the date of sentencing on
January 9, 2004.
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
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 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
Revocation of probation is 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)
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
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
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
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
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
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
12) The defendant shall notify the probation
officer within seventy-two (72) hours of being
arrested or questioned by a law enforcement
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.
SPECIAL CONDITIONS OF PROBATION
1) The defendant shall perform 150 hours of community service as
directed by his Probation Officer. 2) The defendant shall submit his
person, residence, office, vehicle or any property under his control to
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 on 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 warm any residents that the premises
may be subject to searches. 3) The defendant shall have no contact with
Kenneth Ng, Lillian Graham, Jasmine Meidinger, Michael Hovan, III and
Kenneth R. Fromm, unless otherwise directed by his Probation Officer.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties
in accordance with the schedule of payments directly following the
Monetary Penalties section.
Assessment Fine Restitution
Totals: $20 $ $ $286
 The determination of restitution is deferred until ___. An
Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.
 The defendant shall make restitution (including community
restitution) to the following payees in the amounts listed below.
If the defendant makes a partial payment, each payee shall receive an
approximately proportional payment unless specified otherwise in the
priority order or percentage payment column below. However, pursuant to
18 U.S.C. § 3664(i), all nonfederal victims must be paid in full
prior to the United States receiving payment.
[fn*]Total Amount of Priority Order or
Name of Payee Amount of Loss Restitution Ordered Percentage of Payment
Kenneth R. Fromm
 If applicable, restitution amount ordered pursuant to plea
 The defendant shall pay interest on any fine or restitution of more
than $2,500, unless the fine or restitution is paid in full before the
fifteenth day after the date of the judgment, pursuant to
18 U.S.C. § 3612(f). All of the payment options on Sheet 5, Part B may be
subject to penalties for delinquency and default, pursuant to
18 U.S.C. § 3612(g).
 The court determined that the defendant does not have the ability
to pay interest, and it is ordered that:
 the interest requirement is waived for the  fine and/or 
 the interest requirement for the  fine and/or  restitution is
modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total
criminal monetary penalties shall be due as follows:
A [x] Lump sum payments of $20 due:
 not later than 1/16/04, or
 in accordance with ( ) C, ( ) D, or ( ) E below; or
B  Payment to begin immediately (may be combined with ( ) C, ( ) D,
or ( ) E below; or
C  Payment in ___ (e.g. equal, weekly, monthly, quarterly)
installments of $___ over a period of ___ (e.g., months or year(s)), to
commence ___ (e.g., 30 or 60 days) after the date of this judgment; or
D  Payment in ___ (e.g. equal, weekly, monthly, quarterly)
installments of $___ over a period of ___ (e.g., months or year(s)), to
commence ___ (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or
E  Special instructions regarding the payment of criminal monetary
Unless the court has expressly ordered otherwise in the special
instruction above, if this judgment imposes a period of imprisonment,
payment of criminal monetary penalties shall be due during the period of
imprisonment. All criminal monetary penalties, except those payments made
through the Federal Bureau of Prisons' Inmate Financial Responsibility
Program, are made to the clerk of the court, unless otherwise directed by
the court, the probation officer, or the United States attorney.
The defendant shall receive credit for all payments previously made
toward any criminal monetary penalties imposed.
 Joint and Several
Case Number Joint and Several
(including Defendant Defendant Name Amount
 The defendant shall pay the cost of prosecution.
 The defendant shall pay the following court cost(s):
[fn*] Findings for the total amount of losses are required under Chapters
109A, 110, 110A, and 113A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.
Payments shall be applied in the following order: (1) assessment, (2)
restitution principal, (3) restitution interest, (4) fine principal, (5)
community restitution, (6) fine interest, (7) penalties, (8) costs,
including cost of prosecution and court costs.
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