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United States v. Lam

May 21, 2009

UNITED STATES OF AMERICA
v.
PETER XUONG LAM SOCIAL SECURITY NO. 2083 KIET LAM; KIET XUONG LAM; PETER LAM; PETER X (LAST 4 DIGITS)



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.

05/18/2009

X WITH COUNSEL Barrett Boss and Jeffrey Rutherford, Rtnd

(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:

Conspiracy, in violation of Title 18 U.S.C. § 371, as charged in Count 1 of the Indictment.; Trafficking in Illegally imported merchandise, causing an act to be done, in violation of Title 18 U.S.C § 545, 2(b), as charged in Counts 2, 3 and 4 of the Indictment.

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 committed to the custody of the Bureau of Prisons to be imprisoned for a term of: SIXTY-THREE (63) MONTHS. This term consists of 60 months on each of Counts 1, 2, and 3, to be served concurrently with each other, and three months on Count 4, to be served consecutively to the terms imposed on Counts 1, 2 and 3.

It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately.

All fines are waived as it is found that such sanction would place an undue burden on the defendant's dependents.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years on Counts 1, 2, 3 and 4, all such terms to run 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;

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;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's alcohol dependency 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;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer; and

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

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before July 2, 2009. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at Albert V. Bryan U.S. Courthouse, 401 Courthouse Square, Alexandria, VA

The Court recommends to the Bureau of Prisons that the defendant enroll and participate in the 500 hour drug and

The Court recommends that the defendant be designated to a facility in Northern California as close as possible to the San Jose area so that his minor child may visit him.

The defendant is advised of the right to appeal.

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. ...


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