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United States v. Garrett

July 10, 2009

UNITED STATES OF AMERICA
v.
GARRETT, JACK E. SOCIAL SECURITY NO. 5 2 8 3



The opinion of the court was delivered by: George H. King, U. S. District Judge

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. 06 22 2009

Y WITH COUNSEL STEVEN GOLDSOBEL, RETAINED

(Name of Counsel)

Y GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding of Y GUILTY, defendant has been convicted as charged of the offense(s) of: AIDING AND ASSISTING PREPARATION OF FALSE TAX RETURN; in Violation of TITLE 26 U.S.C. § 7206(2), as charged in the Single Count Information.

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 restitution in the total amount of $357,906. pursuant to 18 U.S.C. § 3663A. The amount of restitution shall be paid to the victim as listed in the confidential Presentence Report. During the period of community supervision the defendant shall make monthly installments of at least $2,000, unless the defendant in incapable of making such payment amounts, the defendant shall pay the amounts as directed by the Probation Officer. These payments shall begin 30 days after the commencement of supervision. The defendant shall be held jointly and severally liable with co-participant, Ronald Anson (Docket No. CR 08-575-GHK), for the amount of restitution ordered in this judgment. The defendant shall receive credit for any payments made by the taxpayers whose taxes were avoided due to defendant's actions.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby PLACED: on PROBATION for a term of 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 participate in a program of Home Detention for a period of twelve (12) months, which includes electronic monitoring and shall observe all rules of such program as directed by the Probation Officer. The defendant shall pay the costs of electronic monitoring to the contract vendor not to exceed the sum of $12 for each day of participation. The defendant shall provide payment and proof of payment to the Probation Officer

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to at least two periodic drug tests during the period of community supervision not to exceed two tests per month, as directed by the Probation

The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the Program Director and treatment provider, with the approval of the Probation Officer. The Probation Officer shall disclose the presentence report and/or any previous mental health evaluations or reports to the treatment provider;

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

The defendant shall perform 60 hours of community service, as directed by the Probation Officer;

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

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

Defendant waives his 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 in 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

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant ...


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