The opinion of the court was delivered by: Margaret M. Morrow United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 06 01 2009
X WITH COUNSEL THOMAS NISHI, APT
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Count 59: Accessing Without Authorization and Exceeding Authorized Access of a Protected Computer and Aiding and Abetting and Causing an Act to be Done; (18 U.S.C. §§1030(a)(4), 2(a), 2(b). Class D Felony
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:
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
Pursuant to 18 U.S.C. § 3664(d)(5), the determination of restitution is deferred to a date no later than 90 days from the date of sentencing. An amended judgment will be ordered if restitution is imposed in this case.
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Alex Chung Luong, is hereby placed on probation on Count 59 of the Indictment for a term of three years 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;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
The defendant shall perform 300 hours of community service, as directed by the Probation Officer;
The defendant shall not obtain or possess any form of identification, including a credit or debit card, in any name, other than the defendant's true legal name without the prior written approval of the Probation Officer; and The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future
Defendant shall report to the U.S. Probation within 24 hours of the sentencing hearing. Bond shall be exonerated at this time.
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 ...