JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 11/09/2009
/ WITH COUNSEL Donald Marks
/ GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding of / GUILTY, defendant has been convicted as charged of the offense(s) of:
Aiding and Abetting Mail Fraud in violation of 18 U.S.C. §§ 1341; 2(a) as charged in Count 1 of the Single-Count Information.
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 and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby sentenced to Probation for a term of:
Three (3) years 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, including, but not limited to, the condition that defendant shall not commit another federal, state or local crime;
The defendant shall refrain from any unlawful use of a controlled substance. As directed by the Probation Officer, the defendant shall submit to one drug test within 15 days of release from imprisonment. Thereafter, defendant shall also submit to periodic drug testing as directed by the Probation Officer, not to exceed eight (8) drug tests per month;
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 abusing prescription medications during the period of supervision;
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 U. S. 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 defendant shall reside in the treatment program until discharged by the Program Director and 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 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 and restitution 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 defendant shall not engage as an employee, consultant, whole or partial owner, volunteer, or in any capacity, in any business involved in the sale of telecommunications services, other than installation of telecommunications infrastructure, without the express approval of the Probation Office prior to the engagement in such employment; and
The defendant shall reside for a period of 10 months in a residential re-entry center (community corrections component), as directed by the Probation Officer, and shall observe the rules of that facility.
The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
All fines are waived as it is found that defendant does not have the ability to pay a fine in addition to restitution.
It is ordered that the defendant shall pay restitution in the total amount of $490,798.00 to victims pursuant to 18 U.S.C. § 3663A and as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the
It is ordered that the defendant shall make monthly restitution payments of $700.00 during the period of supervised release, as directed by the Probation Officer. These payments shall begin 30 days after the date of this judgment.
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage ...