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United States v. Ho

August 4, 2009

UNITED STATES OF AMERICA
v.
SU VAN HO SOCIAL SECURITY NO. 6747 T/N: RAYMAN HO; DAYMAN HO; RAYMOND HO; SU V. HO (LAST 4 DIGITS)



The opinion of the court was delivered by: Christina A. Snyder, 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. 08 03 2009

X WITH COUNSEL Brian Cretney for Robert Snyder, Retained

(Name of Counsel)

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: Smuggling, Causing an Act to be Done in violation of 18 USC 545, as charged in Count 1 of the Information; Concealing a Material Fact by Trick or Device in violation of 18 USC 1001(a)(1), as charged in Count 2 of the Information; and Receipt of an Adulterated Food Delivery Thereof for Pay in violation of 21 USC 331(c)), 333(a)(1), 342(a)(3), as charged in Count 5 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 is hereby placed on probation for a term of: THREE (3) YEARS. This term consists of three (3) years on each of Counts 1 and 2 and one years on Count 5 of the Information, all such terms to run concurrently.

It is ordered that the defendant shall pay to the United States a special assessment of $250.00, which is

It is ordered that the defendant shall pay to the United States a total fine of $3,000.00, consisting of the following: Count 1, a fine of $1,000,00; Count 2, a fine of $1,000.00; and Count 5, a fine of $1,000.00. The total fine shall bear interest as provided by law.

The fine shall be paid in full no later than thirty (30) days from the date of this judgment.

It is ordered the forfeiture amount of $34,712.92 shall be paid within ten (10) days from the date of

The defendant shall comply with General Order No. 01-05.

Defendant's three (3) year probation shall be 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 for the first twelve (12) months of probation in a home detention program 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 $12.00 for each day of participation in the electronic monitoring program. The defendant shall provide payment and proof of payment as directed by the Probation Officer; The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one (1) drug test within fifteen (15) days of release from imprisonment and at least two (2) periodic drug tests thereafter, not to exceed eight (8) tests per month, 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;

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform twenty (20) hours of community service per week as directed by the Probation Officer;

The defendant shall cooperate in the collection of a DNA sample from the defendant; and To the extent that the fine and forfeiture payments remain outstanding, the defendant shall apply monies in excess of $500.00 received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments ...


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