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United States v. Schmidt

December 7, 2009

UNITED STATES OF AMERICA
v.
DENNIS WAYNE SCHMIDT SOCIAL SECURITY NO. 8676 (LAST 4 DIGITS)



The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge

SECOND AMENDED JUDGMENT

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. 09/14/2009

WITH COUNSEL William R. Domnarski, CJA, Panel Appointment (Name of Counsel)

WGUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of W GUILTY, defendant has been convicted as charged of the offense(s) of: Title 26, United States Code, Section 7206(1), Subscribing to False Income Tax Return, as charged in Counts 1, 2 and 3 of the 3-Count Indictment.

The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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:

The defendant shall pay to the United States a special assessment of $300, which is due immediately.

Pursuant to U.S.S.G. § 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.

Pursuant to 18 USC3663A, it is ordered that the defendant shall pay restitution in the total amount of $105,464.00, to victims 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 victims. Payments shall be made as directed by the Probation Office or the United States Attorney's Office and pursuant to the Bureau of Prisons Inmate Financial Responsibility Program. If any amount of restitution remains unpaid after release from custody, then monthly payments of $100.00, shall be made during the period of supervised release. Such period shall begin 30 days after commencement of supervision.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Dennis Wayne Schmidt, is hereby committed on Counts One, Two, and Three of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 12 months, 1-day. This term consists of 12 months, 1-day on each of Counts One, Two, and Three of the Indictment to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one year under the following terms and conditions. This term consists of one year on each of Counts 1, 2 and 3 of the 3-Count Indictment, all such terms to run concurrently.

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

The 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, the defendant shall show proof to the Probation Officer of compliance with this order;

The defendant shall comply with the Department of Internal Revenue Service in the determination and collection of all taxes owed including penalties and interest; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, January 11, 2010. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at:

United States District Court 200 West Eight Street, Third Floor Austin, Texas 78701

The defendant was informed of his right file an appeal within 10 days of entry of judgment.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, ...


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