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United States v. Baer

January 5, 2010

UNITED STATES OF AMERICA
v.
MICHAEL JASON BAER SOCIAL SECURITY NO. 9 0 8 0 MIKE BAER (LAST 4 DIGITS)



The opinion of the court was delivered by: Stephen V. Wilson, U. S. District Judge

AMENDED

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. 12 07 2009

X WITH COUNSEL John L. Littrell, DFPD

(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: Access device fraud pursuant to 18 U.S.C. §1029(a)(3) as to Count Eight (8) and aggravated identity theft pursuant to

18 U.S.C. §1028A(a)(1) as to Count Nine (9) of the Indictment

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:

. This term consists of Twelve-Months (12) months on Count Eight (8) and Twenty-Four (24) months on Count Nine (9), to be served consecutively.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of three (3) years on Count Eight (8) and One (1) year on Count Nine (9), both terms to run 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 release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

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; and

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

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $5,469.00, pursuant to 18 U.S.C. § 3663A, 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.

Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least $200 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered.

The Court recommends that defendant be placed in the Bureau of Prisons' 500-hour Residential Drug Abuse Treatment Program, and that he be designated to a ...


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