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United States v. Huynh

June 11, 2009

UNITED STATES OF AMERICA
v.
TU KY HUYNH SOCIAL SECURITY NO. 5212 TIFFANY HUYNH, TU KY VU, TU TIFFANY KY HUYNH, TU HUYNH, TU TIFFANY HUYNH (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. June 8 2009

X WITH COUNSEL Robert S. Horowitz, Retd.

(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:

26 USC § 7206(2) Aiding and Assisting in the Preparation of False Tax Returns and 18 USC § 1001 False Statements

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 committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

IT IS ORDERED that the defendant shall pay to the United States a special assessment of $2,100.00, which is mandated by law and due immediately.

All fines are waived as it is found that the defendant does not have the ability to pay a fine.

IT IS FURTHER ORDERED that defendant shall pay restitution in the total amount of $100,545 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 due during the period of imprisonment at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, monthly payments of at least $100 shall be made during the period of supervised release. These payments shall begin 30 days after commencement of supervision. The defendant will receive credit for any payments made to the victims by her former clients.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Tu Ky Huynh, is hereby committed on Counts 1-20 and 26 of the 28-Count First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 16 months. This term consists of 16 months on each of Counts 1-20 and 26, all terms to be served concurrently.

The Court recommends that the Bureau of Prisons conduct a medical, physical, and mental health evaluation of the defendant and provide all necessary treatment.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consist of one year on each of Counts 1-20 and three years on Count 26, 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, 01-05, and 05-02;

The defendant shall pay the special assessment in accordance with this judgment;

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

The defendant shall participate in any 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;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's psychiatric disorder to the aftercare contractor during the period of community supervision, under to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer; and

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving the preparation of tax returns or providing tax consulting or bookkeeping services without the express written approval of the Probation Officer before engaging in such employment or business. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists, and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;

The Court authorizes the Probation Officer to disclose the Presentence Report and any previous mental health evaluations or reports to the mental health treatment provider. The treatment provider may provide information, excluding the Presentence Report, to State or local social service agencies for the purpose of the client's rehabilitation.

The drug testing condition otherwise mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

IT IS FURTHER ORDERED that the defendant surrender herself to the institution designated by the Bureau of Prisons on or before 12 noon, on July 20, 2009. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal ...


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