The opinion of the court was delivered by: Gary Allen Feess U. S. 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 22 2009
X WITH COUNSEL Charles H. Pomeroy, Retained
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: Storage of Hazardous Waste Without a Permit; Causing an Act to be Done in violation of 42 U.S.C. § 6928(d)(2)(A); 18 U.S.C. § 2(b) as charged in Count 1 of the Information.
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, Mark Hyman, is hereby placed on PROBATION for a term of two (2) years.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
In accordance with the plea agreement, it is ordered that Hyman shall pay to the United States a total fine of $50,000, which shall bear interest as provided by law. The total fine shall be paid in full on or before September 1, 2009.
Further, in accordance with the plea agreement, it is ordered that Hyman shall pay $30,000 to the California Hazardous Materials Investigators' Association on or before September 1, 2009, to be used for community service projects.
The defendant shall be held jointly and severally liable with co-defendant, Alliance Chemical & Environmental, Inc., for the amount of all fines and penalties ordered in this judgment.
The defendant shall comply with General Order No. 01-05.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Mark Hyman, is hereby placed on probation on Count One of the Two-Count Information for a term of two years 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. During the period of community supervision the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment;
3. The defendant shall notify the Court, through the Probation Office, of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay special assessments or a fine; and
4. 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 substance abuse.
Defendant informed that he has waived his right to appeal The defendant's bond is ordered exonerated.
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, ...