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United States v. Rice

September 15, 2009

UNITED STATES OF AMERICA
v.
DARYL RAY RICE SOCIAL SECURITY NO. 2641 DARYL R. RICE; DARYL RICE; DARRELL RAY RICE (LAST 4 DIGITS)



The opinion of the court was delivered by: David O. Carter, 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.

SEPTEMBER 8, 2009

X WITH COUNSEL Paul Meyer; Janet Levine (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:

Counts 1 and 2 of the Information: 18:1341

Mail Fraud; 18:2

Aiding and Abetting and Causing an Act to Be Done Count 3 of the Information: 31:5324(a)(3); 5325(a)

Structuring Transactions to Evade Reporting Requirements

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.

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

All fines are waived as it is found that the defendant's agreement to forfeit $1,000,000.00 to the government as a result of property ot assets derived from or acquired as a result of the offense.

As provided in 18 USC 3663A(c)(3), mandatory restitution is not ordered because an offense against property is involved, and the number of identifiable victims is so large as to make restitution impracticable and determining complex issues of fact related to the cause or amount of the victims' losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Daryl Ray Rice, is hereby placed on probation on Counts 1 through 3 of the Information for a term of three (3) years. This term consists of three (3) years on each of Counts 1 through 3 of the Information, to be served concurrently, 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 refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;

The defendant shall reside for a period of 8 months in a residential re-entry center (RRC), as directed by the Probation Officer and shall observes the rules of that facility;

The defendant shall participate for a period of 4 months in a home detention program which includes 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 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, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

The defendant shall participate in outpatient substance abuse treatment counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and ...


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