The opinion of the court was delivered by: Florence-marie Cooper, U. S. District Judge
AMENDED JUDGMENT OF APRIL 8, 2009
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. OCT 20 2005
X WITH COUNSEL Steven A Seiden, retained
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:
18 USC 371: Conspiracy (Count 1 of Single-Count 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 placed on probation on Count 1 of the Single-Count Information for a term of 3 (three) years under the following terms
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318 and obey all laws; 2) During the period of community supervision the defendant shall pay the special assessment/restitution/fine in accordance with this judgment's orders pertaining 3) The defendant shall cooperate in the collection of a DNA sample from the defendant; 4) The defendant shall participate for a period of 6 months in a home detention program. The home detention program will not include electronic monitoring. It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
The Court now modifies the Judgment and Commitment Order, nunc pro tunc, to provide as follows:
Restitution is not ordered in this case. Complex issues of fact related to the cause or amount of the victims' losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process. (18 U.S.C. §3663A(fc)(3)(B).
All fines are waived as it is found that the defendant does not have the ability to pay a fine. The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse. The Court authorizes that the probation supervision may be transferred to the Northern District of Georgia.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other