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United States v. Ditty Container

May 15, 2009

UNITED STATES OF AMERICA
v.
DITTY CONTAINER, INC. SOCIAL SECURITY NO. NONE (LAST 4 DIGITS)



The opinion of the court was delivered by: Christina A. Snyder, 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 on this date. 05 11 2009

X WITH COUNSEL Anthony T. Ditty (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:

33 U.S.C. §§ 1311 and 1319(c)(1)(A): Negligent Discharge of Pollutants into a Publicly-Owned Treatment Works (Count 11 of an Information) Class A Misdemeanor 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 is hereby placed on:

Organizational Probation for a term of TWO (2) YEARS, pursuant to the United States Sentencing Guidelines, §§ 8D1.1 and 88D1.2, under the following terms and conditions:

Defendant shall pay a total criminal fine of $12,000;

Defendant shall pay the aforementioned criminal fine of $12,000 as to Count 11 of the Information. Payment of the criminal fine shall be made by a cashier's check payable to the Clerk of the United States District Court, on or before September 8, 2009;

Defendant agrees to abide by and follow any lawful orders issued by any local, state, or federal regulatory agency having jurisdiction over the facility;

Defendant agrees to pay to the Clerk of the United States District Court on the date of sentencing (or as soon as the Court is able to accept payment). The mandatory special assessment of $125 as to Count 11 of the Information is pursuant to 18 U.S.C. §3013(a)(1)(B)(iii); and,

Defendant agrees to pay restitution in the total amount of $11,567 to the County Sanitation Districts of Los Angeles County for the costs incurred in responding to, sampling, and analyzing the discharge of the pollutants at issue in this matter. Defendant further agrees that defendant will not seek the discharge of any restitution obligation, in whole or in part, in any present or future bankruptcy proceeding. Defendant further agrees to make restitution listed above on or before July 8, 2009.

The Court advised the corporate defendant of its limited right to appeal this judgment as stipulated to by the parties in The Court grants the government's oral motion to dismiss the remaining counts of the Information.

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 qualified officer.

Terry Nafisi, Clerk, U.S. District Court

5/15/09 By

Filed Date Paul Pierson, Deputy Clerk

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment: The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed or administered;

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency ...


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