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United States v. Clark

May 26, 2009

UNITED STATES OF AMERICA
v.
MANUEL JEREMIAH CLARK SOCIAL SECURITY NO. 3687 MANNY CLARK (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 21 2009

X WITH COUNSEL Michael A. Molfetta, Apptd.

(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: Solicitation To Sell Access Device Without Authorization in violation of 18 U.S.C. § 1029(a)(6) as charged in Counts 1 and 3 of the Indictment and Possessing 15 Or More Unauthorized Access Devices in violation of 18 U.S.C. § 1029(a)(3) as charged in Count 2 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:

The defendant shall pay to the United States a special assessment of $300, which is due immediately.

It is further ordered that the defendant shall pay restitution in the total amount of $500, pursuant to 18 U.S.C. §

Defendant shall pay restitution in the total amount of $500 to victims 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 each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.

Restitution shall be paid in full no later than 60 days from the date of this judgment.

The defendant shall comply with General Order No. 01-05.

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution and that such sanction would furthermore place an undue burden on the defendant's dependent.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Manuel Jeremiah Clark, is hereby placed on probation on Counts 1-3 of the 4-Count Indictment for a term of 3 years. This term consists of three years on each of Counts 1-3, all such terms to run concurrently under the following terms and conditions.

1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

2. The defendant shall cooperate in the collection of a DNA sample from his person;

3. The defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;

4. The defendant shall reside for a period of 10 months in a Residential Re-entry Center (community corrections component), as directed by the Probation Officer, and shall observe the rules of that facility;

5. The defendant shall perform 80 hours of community service to be completed within the first year of probation;

6. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall also submit to one drug test within 15 days of placement on probation and to at least two periodic drug tests thereafter, not to exceed ...


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