The opinion of the court was delivered by: Gary Allen Feess, U. S. District Judge
*AMENDED JUDGMENT - ORIGINAL SENTENCING DATE 10-31-2005*
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 1 5 2009
X WITH COUNSEL Brian Newman, Appointed
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:
18 USC 371, 1347: Conspiracy to Commit Health Care Fraud (Count 1), Class D Felony; 18 U.S.C. 1347, 1: Health Care Fraud, Aiding and Abetting and Causing an Act to be Done (Counts 4 to 11), Class C Felonies as charged in the First Superseding Indictment.
The Court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby on Counts 1and 4 to 11 of the 30 Count First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 63 months. This term consists of 60 months on Count 1 and 63 months on each of Counts 4 to 11, of the First Superseding Indictment, all to be served concurrently.
If not already paid, it is ordered that the defendant shall pay to the United States a special assessment of $900, which is due immediately.
Restitution has been paid in full.
Upon release from imprisonment, the defendant shall be placed on supervised release for a tern of three (3) years, consisting of three years on each of Counts 1 and 4 to 11, all such terns to run concurrently, under the following terms and conditions:
1) The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2) The defendant shall participate in outpatient substance abuse treatment and submit to drug and alcohol testing, as instructed by the Probation Officer not to exceed four tests per month. The defendant shall abstain from using illicit drugs, using alcohol, and abusing prescription medications during the period of supervision;
3) During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
4) The defendant shall not be employed in any capacity in the medical transportation business that requires the submission of claims to an insurance company or government agency for payment for services, without prior approval of the Probation Officer; and,
5) If not already done, defendant shall cooperate in the collection of a DNA sample from the defendant
Government, on its own motion, dismisses remaining counts of the indictments.
It is recommended that the U.S. Marshal expedite defendant's return to the Bureau of Prison Facility in Taft.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...