The opinion of the court was delivered by: Dale S. Fischer, 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. 8 3 09
X WITH COUNSEL Evan Jenness, 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: Interception of Wire Communications in violation of 18 U.S.C. 2511.(i)(a) and Aiding and Abetting and Causing an Act to be done in violation of 18 U.S.C. 2 as set forth in Count 96 of the Third Superseding 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 Robert Pfeifer is hereby committed on Count 96 of the Third Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 2 months, which has already been served.
On release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years under the following terms and 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;
During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;
The defendant shall participate for a period of 4 months in a home detention program which may include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. The terms and conditions of the home confinement are to be approved by the Court;
The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer.
The defendant shall perform 120 hours of community service, as directed by the Probation Officer;
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; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
It is ordered that the defendant shall pay to the United States a total fine of $5,000.00, which shall bear interest as provided by law. $5,000 of the $50,000 Appearance Bond belonging to, and deposited by, the defendant is ordered to be paid to the Clerk of the Court to be applied to all of the financial obligations contained in this order.
The Court grants the government's motion to dismiss the remaining counts of the Indictment.
Bond is exonerated except for the $5,000 to be paid to the Clerk of this Court.
The defendant shall comply with General Order No. 01-05.
The Court advised the defendant of the right to appeal this judgment.
SENTENCING FACTORS: The sentence is based on the factors set forth in 18 U.S.C. §3553, including the applicable sentencing range set forth in the guidelines, as more ...