JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. MAR. 9 2009
WITH COUNSEL Shayne Allyn Ziska, In Pro Per
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: Racketeer Influenced and Corrupt Organizations Conspiracy, in violation of Title 18 United States Code, Section 1962(d), as charged in Count 1 of the Indictment. Violent Crime in Aid of Racketeering in violation of Title 18 United States Code. Section 1959(a)(3), as charged in Count 4 of the Indictment. Deprivation of rights under Color of Law 18 United States Code, Section 242, as charged in Count 5 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: 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: Two hundred and ten (210) months, with credit for time served.
The Court ORDERS the defendant to pay to the United States a special assessment of $300.00.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Shayne Allyn Ziska, is, hereby, committed on Counts One, Four and Five of the Indictment, to the custody of the Bureau of Prisons to be imprisoned for a term of two hundred and ten (210) months, with credit for time already served. This term consists of 210 months on each of Counts 1 and 4 and (120) months on Count 5, all to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3)under the following terms and conditions. This term consists of three years on each of Counts 1, 4 and 5, all such terms to run concurrently.
The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318.
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer.. The defendant shall participate in 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 drug dependency/alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 USC § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer.
. 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 cooperate in the collection of a DNA sample from the defendant.
The court informs the defendant of his right to appeal. The court recommends to the Bureau of Prisons that the designation of facility with proper safeguards.
The court further orders that the Offense Level will be at 34 and the court appoints Mr. George W. Buehler as counsel of record to represent defendant for purposes of appeal.
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, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...