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. 2 23 09
X WITH COUNSEL Stephen G. Frye, 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 U.S.C. 371; Tax Fraud Conspiracy; 26 U.S.C. § 7201: Wilfully Attempting to Evade Assessment and Payment of Individual Income Taxes 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 Richard B. Leonard is hereby committed on Count 68 of the Indictment and the Single Count Supplemental Information to the custody of the Bureau of Prisons to be imprisoned for a term equivalent to the time he has already served. This term consists of time-served 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 count 68 of the indictment and the single count supplemental 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;
During the period of community supervision the defendant shall pay the special assessment and any restitution that may be ordered in accordance with this judgment's orders pertaining to such payment;
*The defendant shall reside in a Residential Re-entry Center for a period of one month, as directed by the Probation Officer; and shall observe the rules of that facility and pay all required fees;*
The defendant shall perform 300 hours of community service, as directed by the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample from the defendant; and
The defendant shall cooperate with the payment of all federal and state taxes, and any related penalties and interest which may be imposed.
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 $200, 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 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.
The Court grants the governments motion to dismiss the remaining allegations of the ...