United States District Court, N.D. California
January 15, 2004.
UNITED STATES OF AMERICA
KENNETH NG, JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987)
The opinion of the court was delivered by: MARTIN JENKINS, District Judge
JUDGMENT IN A CRIMINAL CASE
[x] pleaded guilty to count(s): 7 of the Indictment.
[ ] 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):
Date Offense Count
Title & Section Nature of Offense Concluded Number(s)
18 U.S.C. § 1029(a)(2) Use of Unauthorized Access Device 4/30/2003 7
The defendant is sentenced as provided in pages 2 through of this
judgment. The sentence is imposed pursuant to the Sentencing Reform Act
[ ] The defendant has been found not guilty on count(s) ___.
[ ] Count(s) ___ (is)(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
Defendant's Soc. Sec. No.: XXX-XX-XXXX 1/15/2004
Date of Imposition of Judgment
Date of Birth: 12/07/1971 __________________________
Signature of Judicial Officer
Defendant's USM No.: 93037-011 ___________________________
Signature of Judicial Officer
Honorable Martin J. Jenkins, U.S. District Judge
Name & Title of Judicial Officer
The defendant is hereby committed to the custody of the United States
Bureau of Prisons to be imprisoned for a total term of 10
[x] The Court makes the following recommendations to the Bureau of
Prisons: Defendant given credit for time previously served.
[ ] The defendant is remanded to the custody of the United States
[x] The defendant shall surrender to the United States Marshal for this
[x] at 12:00 p.m. on 3/18/2004.
[ ] 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.
I have executed this judgment as follows:
Defendant delivered on_________________ to at _____________________,
with a certified copy of this judgment.
UNITED STATES MARSHAL
Deputy U.S. Marshal
Upon release from imprisonment, the defendant shall be on supervised
release for a term of 3 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
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
[ ] 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.)
[ ] The defendant 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
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
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
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
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
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 participate in the Home Confinement with
Electronic Monitoring Program and shall abide by all the requirements of
the program which will include electronic monitoring, or other location
verification system, for a period of 60 days. The defendant
shall pay the cost of monitoring at the prevailing rate unless it is
determined by the probation officer that s/he has an inability to pay. A
co-payment amount will then be determined by the probation officer. The
defendant is restricted to his/her residence at all times except for
activities which have been pre-approved by the probation officer,
including employment; education; religious services; medical, substance
abuse, or mental health treatment; attorney visits; court appearances, or
court ordered obligations. During the term of home confinement the
defendant shall abstain from the use of alcohol and submit to drug or
alcohol testing as directed by your probation officer.
2) The defendant shall serve up to 180 days in community
service as directed by the probation officer.
3) The defendant shall not have contact with any co-defendant, in this
case namely, Lillian Graham, Johnny Gilg, Jasmine Meidinger, and Michael
Hovan III, Jill Davis, Kenneth R. Fromm, Daniel Green, David Latner, and
William Green, unless otherwise directed by the probation officer.
4) The defendant shall participate in a drug/alcohol aftercare
treatment program, which may include testing to determine whether s/he
has reverted to the use of drugs or alcohol, as directed by the probation
officer. The defendant is to pay part or all of the cost of this
treatment, at an amount not to exceed sixty dollars ($60.00) per session,
as deemed appropriate by the probation officer. Payments shall never
exceed the total cost of urinalysis and counseling. The actual co-payment
schedule shall be determined by the probation officer.
5) The defendant shall not maintain a position of fiduciary capacity
without the prior approval of the probation officer.
6) The defendant shall submit his/her person, residence, office,
vehicle, or any property under his/her 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.
7) The defendant shall pay any fine, restitution, and special
assessment imposed by this judgment that remains unpaid at the
commencement of the term of supervised release, at the direction of the
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: $100.00 $n/a $6,468.63
[ ] 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
Office of the Clerk of the $6,182.63
USDC payable to: Jill Davis,
Daniel Green, David Latner, and
[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.
[ ] 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 payment of $100.00 due immediately, balance due
[ ] not later than ___, or
[x] in accordance with ( ) C, (x) 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 [x] Payments in monthly installments of $200.00, to commence 30
days after release from imprisonment to a term of supervision;
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
CR02-0383 MJJ Johnny Gilg $286.00 payable to
[ ] The defendant shall pay the cost of prosecution.
[ ] The defendant shall pay the following court cost(s):
[ ] The defendant shall forfeit the defendant's interest in the
following property to the United States:
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