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United States v. Hwang

January 26, 2009

UNITED STATES OF AMERICA
v.
ALAN HWANG SOCIAL SECURITY NO. 4 0 8 8 (LAST 4 DIGITS)



The opinion of the court was delivered by: Dale S. Fischer, United States District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 1 26 09

X WITH COUNSEL I. Mark Bledstein, Retained

(Name of Counsel)

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. 2320: Trafficking in Counterfeit Goods; 18 U.S.C. 545 and 2: Smuggling Counterfeit and Contraband Cigarettes 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 Alan Hwang is hereby committed on Counts 2 and 16 of the Indictment under Docket No. CR 05-876 and Count 6 of the Indictment under Docket No. CR 07-125 to the custody of the Bureau of Prisons to be imprisoned for a term of 57 months. This term consists of 57 months on each of Counts 2 and 16 under Docket No. 05-876, and Count 6, under Docket No. CR 07-125 to be served concurrently

On release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. This term consists of 3 years on each of Counts 2 and 16 of the Indictment under Docket No. 05-876 and Count 6 of the Indictment under Docket No. 07-125, all such terms to run concurrently under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;

The defendant shall apply monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to any outstanding court-ordered financial obligation;

The defendant shall cooperate in the collection of a DNA sample from the defendant.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future

It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately.

Pursuant to 18 U.S.C. § 3664(d)(5), the determination of restitution is deferred until a later date which shall be no later than 90 days after the date of sentencing. An Amended Judgment will be entered after such determination.

It is ordered that the defendant shall pay to the United States a total fine of $50,000 which shall bear interest as provided by law. The fine shall be paid in full immediately after defendant's bond is ...


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