The opinion of the court was delivered by: David O. Carter, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. JAN 12 2009
X WITH COUNSEL Christopher Cannon, Retained
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:
18 USC 1341, 2(a), 2(b): Mail Fraud, Aiding and Abetting, Causing an Act to be Done (Count 1 of First Superseding Indictment); 18 USC 1623: False Declaration to Court (Counts 2 and 3 of First Superseding Indictment)
The Court asked whether there was any reason 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 committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
It is ordered that the defendant shall pay to the United States a special assessment of $300.00, which is due
Purusant to 18 U.S.C. §3663A(c)(3), restitution is waived because the number of identifiable victims is so large as to make restitution impracticable.
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Harold David Goldstein, is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of 84 months. This term consists of 60 months on each of Count 1-3 of the 3-Count First Superseding Indictment, to be served concurrently, and 24 months on the defendant's supervised release violation in Case No. CR 98-00072-JSL, to be served consecutively to the terms imposed on Counts 1-3.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1-3, to be served 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) During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
(3) The defendant shall not engage as whole or partial owner, employee, or otherwise in any legal services company, law office, or other business or entity that purports to provide legal services of any kind, without the express written approval of the Probation Officer. Further, the defendant shall provide the Probation Officer with access to any and all business records, including client list, billing records, and any other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;
(4) The defendant's employment shall be approved in advance, in writing, by the Probation Officer;
(5) The defendant shall cooperate in the collection of a DNA sample from the defendant;
(6) The defendant shall not possess, have under his control, or have access to any firearm, explosive device, or other dangerous weapon, as defined by federal, state or local law.
(7) The defendant shall submit person and property to search or seizure at any time of the day or night by any law enforcement officer, with or without a warrant and with or without reasonable or probable cause;
(8) The defendant shall report to the United States Probation Office within 72 hours of his release from custody; and
(9) The defendant shall report in person directly to the Court within 21 days of his release from custody, at a date and time to be set by the United States Probation Office, and thereafter report in person to the Court no more than eight (8) times during his first year of supervised release.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
RECOMMENDS that the defendant be housed at the Terminal Island to facilitate medical treatment
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. ...