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United States v. Ward

August 7, 2009

UNITED STATES OF AMERICA
v.
MITCHELL WARD SOCIAL SECURITY NO. 2364 (LAST 4 DIGITS)



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

U WITH COUNSEL N. Kelly Hoang (Name of Counsel)

U 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 U GUILTY, defendant has been convicted as charged of the offense(s) of: Willfully Maintaining Inaccurate Books and Records in Violation of the Internal Revenue Code (26 U.S.C. § 7203)

Aiding and Abetting and Causing an Act to Be Done (18 U.S.C. § 2).

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 (2) years probation;

Five (5) months home detention (without electronic monitoring). Defendant will be allowed to work during the period of home detention. Because defendant's job requires that he be on call 24 hours a day, 7 days a week, he may leave the home at any time during the day or night to attend to his job duties provided that he inform the Probation Officer (or leave a message if the Probation Officer is not available) when he is going to work outside the normal workday (i.e., Monday through Friday, 8-6) so that the Probation Officer will be able to check up on Defendant. Defendant will also be allowed to travel to San Diego when required for his job. Defendant may also leave the home to attend religious services with prior approval of the Probation Officer;

Restitution is ordered in the amount of $14,000.00. Defendant has deposited $14,000.00 with the Fiscal Section of the District Court Clerk's Office prior to sentencing for payment of restitution; therefore, no interest will be due on restitution. The Fiscal Section shall pay the $14,000.00 over to the Internal Revenue Service at the following address: IRS, Fresno Service Center, Restitution Coordinator, P.O. Box 12947, Stop #83, Fresno, CA 93799;

Defendant shall comply with the rules and regulations of the U.S. Probation Office and General 318;

Defendant shall comply with General Order No. 01-05;

Defendant shall pay the costs of home confinement monitoring to the contract vendor, if any costs are incurred, not to exceed the sum of $12.00 for each day of participation. Defendant shall provide payment and proof of payments as directed by the Probation Officer;

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, Defendant shall perform eight (8) hours of community service per week as directed by the Probation Officer;

Defendant shall truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, Defendant shall show proof to the Probation Officer of compliance with this order;

Defendant may consume alcohol in moderation;

Defendant shall refrain from any unlawful use of a controlled substance. Defendant shall submit to one drug test within 30 days and at least two drug tests per year thereafter, as directed by the Probation Officer;

No fine is ...


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