JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person 12 15 2009
X WITH COUNSEL Timothy Lannen & Sara Azari, retained
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
There being a finding/verdict of
X GUILTY, defendant has been convicted as charged of the offense(s) of:
18 U.S.C. § 1542: False Statement in a Passport Application as charged in the Single Count First Superseding Information.
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:
thirty-six (36) months. Upon release from imprisonment, the defendant shall be placed on supervised release 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;
During the period of community supervision the defendant shall pay the special assessment 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 may not associate with anyone known to him to be a Hammerskin, Christian Identity Skin, or any other skinhead gang member or persons associated with the Hammerskin, Christian Identity Skins, or any other skinhead gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Hammerskin, Christian Identity Skins, or any other skinhead gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Hammerskin, Christian Identity Skins, or any other skinhead gang, and may not knowingly display any Hammerskin, Christian Identity Skins, or any other skinhead gang signs or gestures; and
As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the Hammerskin, Christian Identity Skins, or any other skinhead gang meet and/or assemble.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
FINE: Pursuant to Section 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.
SPECIAL ASSESSMENT: It is further ordered defendant shall pay to the United States a special assessment fee of $100, which is due immediately to the Clerk of the Court.
SENTENCING FACTORS: The sentence is based upon the factors set forth in 18 U.S.C. § 3553, including the applicable sentencing range set forth in the guidelines.
The Court RECOMMENDS a BOP facility in the vicinity of Las Vegas, Nevada.
IT IS ORDERED that the defendant shall self-surrender to the institution designated by the BOP on or before 12 noon, January 20, 2010 and, on the absence of such designation, the defendant shall report on or before the same date and time, to the United States ...