United States District Court, N.D. California
February 4, 2004.
UNITED STATES OF AMERICA
STEVEN L. ABLEMAN
The opinion of the court was delivered by: VAUGHN WALKER, District Judge
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
[x] pleaded guilty to count: One of the Information in CR98-0070
VRW and CRQ3-Q350 VRW.
 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)
18U.S.C. § 1952 INTERSTATE AND FOREIGN TRAVEL ONE
IN AID OF RACKETEERING, Class D felony (CR98-70-01)
18U.S.C. § 1512 OBSTRUCTION OF AN OFFICIAL PROCEEDING ONE
Class C felony (CR03-350)
Class C felony (CR03-350)
The defendant is sentenced as provided in pages 2 through _7_ 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-9547
Defendant's Date of Birth: 5/11/1948
Defendant's USM No.: 93985-011
Defendant's Residence Address:
127 Montford Avenue
Mill Valley, CA 94941
Defendant's Mailing Address:
The defendant is hereby committed to the custody of the United States
Bureau of Prisons to be imprisoned for a total term of SEVENTY
EIGHT (78) MONTHS. With respect to CR98-0070-01 VRW, the defendant
is hereby sentenced to the custody of Bureau of Prisons for a term of 60
months. With respect to CR03-0350 VRW, the defendant is hereby sentenced
to a term of 18 months, such term shall run consecutively to the term
imposed in CR98-0070-01 VRW.
[x] The Court makes the following recommendations to the Bureau of
Prisons: The defendant be placed in federal prison in Nevada.
The defendant be permitted to participate in the Bureau of Prisons
Comprehensive Drug Treatment Program (500 Hour Program) should he meet
the criteria to participate in such program while serving his custodial
 The defendant is remanded to the custody of the United States
 The defendant shall surrender to the United States Marshal for this
 at___ on___.
 as notified by the United States Marshal.
[x] The defendant shall surrender for service of sentence at the
institution designated by the Bureau of
Prisons on or before March 15, 2004. If there's no
designation by that time, the defendant shall self-surrender to the
United States Marshal for this district at 12:00 noon on March 15, 2004.
I have executed this judgment as follows:
Defendant delivered on_________________ to_______________________
at _____________________, with a certified copy of this judgment.
UNITED STATES MARSHAL
Upon release from imprisonment, the defendant shall be on supervised
release for a term of THREE (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.)
[x] 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
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 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.
2) The defendant shall provide the probation officer access to any
requested financial information.
3) The defendant shall participate in a mental health treatment
program, as directed by the probation officer. The defendant is to pay
part or all costs 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 mental health
counseling. The actual co-payment schedule shall be determined by the
4) 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.
5) The defendant shall not own or possess any firearms,
ammunition, destructive devices, or other dangerous weapons.
6) The defendant shall pay any fine and special assessment that is
imposed by this judgment, and that remains unpaid at the commencement of
the term of supervised release.
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: $200 $250,000 $
 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
Totals: $- $-
 If applicable, restitution amount ordered pursuant to plea agreement
 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 $200 due immediately
 not later than___, 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
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 [x] Special instructions regarding the payment of criminal monetary
FINE: It is ordered that the defendant pay to the United States a fine
in the amount of $250,000, which shall be paid as directed by the
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):
 The defendant shall forfeit the defendant's interest in the
following property to the United States:
Payments shall be applied in the following order: (1) assessment, (2)
restitution principal, (3) restitution interest, (4) fine principal, (5)
community restitution, (6) fine erest, (7) penalties, (8) costs,
including cost of prosecution and court costs.
[fn*] Findings for the total amount of losses are required under
Chapters 109A, 110, 11 OA, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.
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