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U.S. v. SMITH

February 24, 2004.

UNITED STATES OF AMERICA
v.
SHERMAN S. SMITH



The opinion of the court was delivered by: SUSAN ILLSTON, District Judge

JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987)
THE DEFENDANT:
[X] pleaded guilty to count(s): 19 of the Indictment.
[ ] pleaded nolo contenders 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):
Title & Section Nature of Offense Date Offense Count Number(s) Concluded 15 U.S.C §§ 78J(B), 78ff;17 Securities Fraud 2/01 19 C.F.R. § 240.10b-5
  The defendant is sentenced as provided in pages 2 through 12 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(s) 1-18 and 20-25 of the Indictment (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 circumstances.

  Defendant's Soc. Sec. No.: 4220

  Defendant's Date of Birth: 4/30/46

  Defendant's USM No.: 92496-011

  Defendant's Residence Address: 2850 Pinewood Dr., Napa, CA 94558

  Defendant's Mailing Address:
February 13, 2004
Signature of Judicial Officer
Honorable Susan Illston, U.S. District Judge
  Name & Title of Judicial Officer Page 2

  IMPRISONMENT

  The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 37 months.

  [x] The Court makes the following recommendations to the Bureau of Prisons:

  The defendant shall be desiganted to a correctional facility located close to Napa, CA so that he may be near his family.

  [ ] 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.

  [x] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[x] before 2:00 p.m. on 4/9/04.
[ ] 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 Page 3

  SUPERVISED RELEASE

  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 controlled substance.

  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 thereafter.

  [ ] The above drug testing condition is suspended based on the courts determination that the defendant poses a low risk of future ...


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