United States District Court Eastern District of California
December 14, 2009
UNITED STATES OF AMERICA
(For Offenses Committed On or After November 1, 1987)
JUDGMENT IN A CRIMINAL CASE
THE DEFENDANT: pleaded guilty to count: 1 of the Indictment .
C. EMMETT MAHLE, ESQ.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offenses: Date Offense Count section Nature of Offense Concluded Number 1955(a) CONDUCTING AN ILLEGAL GAMBLING 10/08/2008 1 BUSINESS 981(a)(1)(C), 18 USC CRIMINAL FORFEITURE and 28 USC 2461(c)
The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is im posed to the Sentencing Reform Act of 1984.
[U] Appeal rights waived.
IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 ny change of nam e, residence, or m ailing address until all fines, restitution, costs, and special assessm ents by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States of material changes in economic circumstances.
12/08/2009 Date of Im position of Judgm ent /s/ John A. Mendez Signature of Judicial Officer HON. JOHN A. MENDEZ, United States District Judge Name & Title of Judicial Officer 12/14/2009 Date
PROBATION is hereby sentenced to probation for a term of 36 MONTHS. . shall not commit another federal, state, or local crime.
shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of controlled The defendant shall submit to one drug test within 15 days of release on probation and at least two periodic drug tests not to exceed four (4) drug tests per month.
The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.)
The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. (Check, if applicable.)
The defendant shall submit to the collection of DNA as directed by the probation officer. (Check, if applicable.)
The defendant shall register and comply with the requirements in the federal and state sex offender registration agency in the jurisdiction of conviction, Eastern District of California, and in the state and in any jurisdiction where the defendant resides, is employed, or is a student. (Check, if applicable.)
The defendant shall participate in an approved program for domestic violence. (Check, if applicable.) judgment imposes a fine or a restitution obligation, it is a condition of supervised release that the defendant pay in accordance Schedule of Payments sheet of this judgment. must comply with the standard conditions that have been adopted by this court as well as with any additional conditions page.
STANDARD CONDITIONS OF SUPERVISION
defendant shall not leave the judicial district without permission of the court or probation officer; the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days each month; defendant shall answer truthfully all inquiries by the probation officer and follow instructions of the probation officer; defendant shall support his or her dependants and meet other family responsibilities; defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons; defendant shall notify the probation officer ten days prior to any change in residence or employment; defendant shall refrain from excessive use of alcohol; defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted a felony unless granted permission to do so by the probation officer; defendant shall permit a probation officer to visit him or her at any time at home or elsewhere, and shall permit confiscation of contraband observed in plain view by the probation officer; defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement
defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without permission of the court; as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall submit to the search of his person, property, home, and vehicle by a United States probation officer, or any other authorized person under the immediate and personal supervision of the probation officer, based upon reasonable suspicion, without a search warrant. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other residents that the premises may be subject to searches pursuant to this condition.
2. The defendant shall provide the probation officer with access to any requested financial information.
3. The defendant shall not open additional lines of credit without the approval of the probation officer.
4. As directed by the probation officer, the defendant shall participate in a program of outpatient mental health treatment.
5. The defendant shall comply with the conditions of home detention for a period of 180 days to commence when directed by the probation officer. During this time, the defendant will remain at place of residence except for employment and other activities approved in advance by the defendant's probation officer. The defendant will maintain telephone service at his place of residence without an answering device, call forwarding, a modem, caller ID, call waiting, or a cordless telephone for the above period.
At the discretion of the probation officer, the defendant shall wear an electronic monitoring device and follow electronic monitoring procedures as specified by the probation officer. The defendant shall pay the cost of electronic monitoring as determined by the probation officer.
6. As directed by the probation officer, the defendant shall participate in a co-payment plan for treatment or testing and shall make payment directly to the vendor under contract with the United States Probation Office of up to $25 per month.
7. The defendant shall not participate in gambling activities of any kind or enter any establishment where gambling occurs.
CRIMINAL MONETARY PENALTIES
he defendant must pay the total crim inal monetary penalties under the Schedule of Paym ents on Sheet 6. Assessm ent Fine Restitution otals: $100 $$he determ ination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered r such determ ination.
defendant m ust m ake restitution (including com m unity restitution) to the following payees in the amount listed below.
the defendant makes a partial paym ent, each payee shall receive an approxim ately proportioned paym ent, unless cified otherwise in the priority order or percentage paym ent colum n below. However, pursuant to 18 U.S.C. § 3664(i), nonfederal victim s must be paid before the United States is paid.
Payee Total Loss* Restitution Ordered Priority or Percentage TALS: $$estitution am ount ordered pursuant to plea agreement $e defendant m ust pay interest on restitution and a fine of m ore than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the paym ent options on Sheet ay be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
The court determ ined that the defendant does not have the ability to pay interest and it is ordered that:
The interest requirement is waived for the [ ] fine [ ] restitution
The interest requirem ent for the [ ] fine [ ] restitution is modified as follows:
incarcerated, paym ent of the fine is due during im prisonment at the rate of not less than $25 per quarter paym ent shall be through the Bureau of Prisons Inmate Financial Responsibility Program.
incarcerated, paym ent of restitution is due during im prisonment at the rate of not less than $25 per quarter paym ent shall be through the Bureau of Prisons Inmate Financial Responsibility Program.
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses itted on or after September 13, 1994, but before April 23, 1996.
SCHEDULE OF PAYMENTS
ent of the total fine and other crim inal monetary penalties shall be due as follows: Lump sum paym ent of $due im m ediately, balance due [ ] not later than , or [ ] in accordance with [ ] C, [ ] D, [ ] E, or [ ] F below; or Paym ent to begin im m ediately (m ay be combined with [ ] C, [ ] D, or [ ] F below); or
Paym ent in equal (e.g., weekly, m onthly, quarterly) installm ents of $over a period of (e.g., m onths or years), to comm ence (e.g., 30 or 60 days) after the date of this judgment; or
Paym ent in equal (e.g., weekly, m onthly, quarterly) installm ents of $over a period of (e.g., m onths or years), to comm ence (e.g., 30 or 60 days) after release from im prisonment to a term of supervision; or
Paym ent during the term of supervised release will comm ence within (e.g., 30 or 60 days) after release from im prisonment. The court will set the paym ent plan based on an assessm ent of the defendant's ability to pay at that tim e; or
Special instructions regarding the paym ent of criminal monetary penalties:
the court has expressly ordered otherwise, if this judgm ent im poses im prisonm ent, paym ent of crim inal monetary due during im prisonm ent. All crim inal monetary penalties, except those payments made through the Federal Bureau ns' Inm ate Financial Responsibility Program , are made to the clerk of the court.
shall receive credit for all paym ents previously made toward any crim inal monetary penalties im posed.
and Several and Co-Defendant Names and Case Numbers (including defendant number), Total Am ount, Joint and Several t, and corresponding payee, if appropriate: he defendant shall pay the cost of prosecution. e defendant shall pay the following court cost(s):
he defendant shall forfeit the defendant's interest in the following property to the United States. The prelim inary order of rfeiture filed 09/17/2009 is hereby incorporated into this judgm ent.
© 1992-2009 VersusLaw Inc.