The opinion of the court was delivered by: Dale S. Fischer, United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 3 2 09
X WITH COUNSEL Neil C. Newson, 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. §1344: Bank Fraud; 18 U.S.C. §1030(a)(4): Accessing a Protected Computer Without Authorization; 18 U.S.C. §1029(a)(1): Production, Use or Trafficking in Counterfeit Access Devices; 18 U.S.C. §1029(a)(4): Possession of Device -Making Equipment 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 Florian Boldoni is hereby committed to the custody of the Bureau of Prisons on Counts 1-5, 6, 8, and 9 of the Information to be imprisoned for a term of 1 month, which represents time served. This term consists of 1 month and on each of these counts, to be served concurrently.
On release from imprisonment, the defendant shall be placed on supervised release for a term of three years on each of counts one, two, three, four, five, six, eight and nine of the information to be served 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;
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;
During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name. Further, the defendant shall not obtain or use any credit cards, bank cards, automated teller machine (ATM) cards, or other access devices as defined in 18 U.S.C. 1029(e)(1), in any name other than his true legal name, without the prior written approval of the Probation Officer;
Absent prior written approval by the Probation Officer, the defendant shall not be employed in any capacity, or own or operate any business, where he is allowed to obtain, access, receive or process any form of payment from including, but not limited to, credit cards, bank cards, automated teller machine (ATM) cards, or other access devices as defined in 18 U.S.C. 1029(e)(1);
The defendant's employment shall be approved by the Probation Officer, and any change in employment must be pre-approved by the Probation Officer. The defendant shall submit the name and address of the proposed employer to the Probation Officer at least ten days prior to any scheduled change; and
All computers, electronic communications or data storage devices or media to which the defendant has access in his residence or work place, shall be subject to search and seizure and the installation of search and/or monitoring software and/or hardware, including unannounced seizure for the purpose of search. The defendant shall not add, remove, upgrade, update, reinstall, repair, or otherwise modify the computers, electronic communications or data storage devices or media, nor shall he hide or encrypt files or data, without prior approval of the Probation Officer.
It is ordered that the defendant shall pay to the United States a special assessment of $800, which is due immediately.
Pursuant to 18 U.S.C. 3664(d)(5), the determination of restitution is deferred to a date to be determined by the court, but within 90 days of the date of this judgment. An Amended judgment will be entered after such determination.
All fines are waived because it is found that the defendant lacks the ability to pay a fine in addition to the anticipated restitution.
The defendant shall comply with General Order No. 01-05.
Defendant's passport to be returned.
The Court advised the defendant of the right to appeal ...