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United States v. Reth

February 29, 2008

UNITED STATES OF AMERICA
v.
CHHAYARITH RETH



Date of Original Judgment: February 25, 2008

(Or Date of Last Amended Judgment)

Reason for Amendment:

[ ] Correction of Sentence on Remand (Fed.R.Crim.P.35(a)) [ ] Modification of Supervision Conditions (18 U.S.C § 3563(c) or 3583(e)) [ ] Reduction of Sentence for Changed Circumstances [ ] Modification of Imposed Term of Imprisonment for Extraordinary and (Fed. R.Crim.P.35(b)) Compelling Reasons (18 U.S.C. §3582(c)(1)) [ ] Correction of Sentence by Sentencing Court (Fed.R.Crim.P.35(c) [ ] Modification of Imposed Term of Imprisonment for Retroactive [ ] Correction of Sentence for Clerical Mistake (Fed.R.Crim.P.36) Amendment(s) to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2)) [x] Correction of Sentence on Motion of Defendant [ ] Direct Motion to District Court Pursuant to [ ] 28 U.S.C. § 2255, [ ] 18 U.S.C. § 3559(c)(7), or [ ] Modification of Restitution Order

BOP Case Number: DCAN396CR000094-005

USM Number: 98963-011

2nd AMENDED JUDGMENT IN A CRIMINAL CASE

Defendant's Attorney :Dean Paik

THE DEFENDANT:

[x] pleaded guilty to count(s): One and Eleven of Superseding Indictment; 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.

The defendant is adjudicated guilty of these offense(s):

Offense

Title & SectionNature of OffenseOffense Ended EndedCount 18 U.S.C. §1962(c)Racketeer Influence and Corrupt Organization3/24/1998One 18 U.S.C. §1951(a)Conspiracy to Commit Robbery Affecting Interstate Commerce3/14/1995Eleven 18 U.S.C. §1951(a)Robbery Affecting Interstate Commerce One

The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

[x] All remaining counts of the Superseding Indictment are dismissed on the motion of the United States.

IT IS ORDERED that the defendant must 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 must notify the court and United States attorney of any material changes in economic circumstances.

2/20/08 Date of Imposition of Judgment

Signature of Judicial Officer

Honorable Phyllis J. Hamilton, U. S. District Judge

Name & Title of Judicial Officer

2/29/08

Date

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term as follows: 180 months as to Count One of the Superseding Indictment, 180 months as to Count Eleven of the Superseding Indictment and 180 months as to Count One of the Information. The terms imposed as to all three counts shall be served concurrently with one another and concurrently with the terms imposed as to count two in CR 98-40003-01 PJH and Santa Clara County Superior Court Docket No. 184777. The defendant shall receive credit against this federal term for time served in state prison on Santa Clara County Superior Court docket No. 184777 in the amount of 12 years, 5 months and 26 days.

The courts intent is to sentence the defendant in this case CR 96-0094-05 PJH and CR 98-40003 PJH to a total combined term of 240 months (in CR-98-40003 PJH 180 months, in CR-96-0094-05 70 months concurrent with the 180 months and 60 months consecutive to the 180 months and 70 month sentence) and to give the defendant credit for 12 years, 5 months and 26 days he has already served in state prison for Santa Clara County Superior Court docket No. 184777. The actual term of incarceration remaining to be served is 7 years, 6 months and 4 days.

[x] The Court makes the following recommendations to the Bureau of Prisons: The defendant to be designated to a facility on the West Coast to facilitate family visits.

[x] The defendant is remanded to the custody of the United States Marshal. The appearance bond is hereby exonerated.

[ ] The defendant shall surrender to the United States Marshal for this district.

[ ] at [] am [] pm on . [ ] as notified by the United States Marshal.

The appearance bond shall be deemed exonerated upon the surrender of the defendant. [ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: [ ] before 2:00 pm on . [ ] as notified by the United States Marshal. [ ] as notified by the Probation or Pretrial Services Office.

The appearance bond shall be deemed exonerated upon the surrender ...


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