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United States v. Romano

March 30, 2009

UNITED STATES OF AMERICA
v.
1. JOSEPH ROMANO SOCIAL SECURITY NO. 2878 JOSEPH ANTHONY ROMANO; MONIKER: "DOINK" (LAST 4 DIGITS)



The opinion of the court was delivered by: John F. Walter, U. S. District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person March 30 2009

x WITH COUNSEL 1. Thomas Nishi, CJA

(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 of x GUILTY, defendant has been convicted as charged of the offense(s) of: Unauthorized Access to a Protected Computer to Conduct in violation of 18 U.S.C. 1030(a)(4) as charged in Count 2 of the Two-Count Indictment filed on March 28, 2008

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, Joseph Romano, is hereby committed on Count Two of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years 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 restitution in accordance with this judgment's orders pertaining to such payment;

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;

During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;

The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge;

The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer. The Probation Officer shall disclose the presentence report and/or any previous mental health evaluations or reports to the treatment provider;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's substance abuse and mental health 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;

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

The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and

The defendant shall not be employed in any capacity wherein he has custody, control, or management of his employer's funds.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due

It is ordered that the defendant shall pay restitution in the total amount of $291,286.88, pursuant to 18 U.S.C. §

Defendant shall pay restitution in the total amount of 291,286.88 to the victim as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to the victim. The victim list, which shall be forwarded from the Probation Office to the fiscal section of ...


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