The opinion of the court was delivered by: George H. Wu, 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. 1 12 2009
X WITH COUNSEL Christopher Dain Johnson, Retained
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 U.S.C. § 1343: MAIL FRAUD; 18 U.S.C. § 641: THEFT OF GOVERNMENT PROPERTY; 18 U.S.C. § 1028A(a): AGGRAVATED IDENTITY THEFT; AND 26 U.S.C. § 7201: ATTEMPT TO EVADE OR DEFEAT TAX as charged in the Information.
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 committed to the custody of the Bureau of Prisons to be imprisoned for a term of: One Hundred Thirty-Two (132) Months.
It is ordered that the defendant shall pay to the United States a special assessment of $1,000, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $2,286,176.58 pursuant to 18 U.S.C. § 3663A.
A hearing as to restitution will be held on February 9, 2009 at 8:00 a.m.
Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).
The defendant shall comply with General Order No. 01-05.
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Abdul Wahid , is hereby committed on Counts 1through 10 of the indictment to the custody of the Bureau of Prisons for a term of 132 months. This term consists of 108 months on each of Counts 1 through 4 and 60 months on each of Counts 6 through 10 of the information, to be served concurrently, followed by 24 months on Count 5, to be served consecutively to Counts 1 through 4 and 6 through 10.
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 through 4 and 6 through 10, and one year on Count 5, all such terms to run concurrently under the following terms and
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
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, not to exceed eight tests per month, as directed by the Probation Officer;
The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug and alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this ...