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United States v. Suleiman

United States District Court Eastern District of California


January 18, 2010

UNITED STATES OF AMERICA
v.
MOURAD SULEIMAN

The opinion of the court was delivered by: Garland E. Burrell, Jr., United States District Judge

AMENDED JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November 1, 1987)

Original Judgment: 6/5/07 Peter Kmeto

f Last Am ended Judgm ent) Defendant's Attorney for Amendment:

Correction of Sentence on Remand (Fed R. Crim. P. 35(a)) [ ] Modification of Supervision Conditions (18 U.S.C. §3563(c) or 3583(e))

Reduction of Sentence for Changed Circumstances [ ] Modification of Imposed Term of Imprisonment for Extraordinary and P. 35(b)) Compelling Reasons (18 U.S.C.§3582(c)(1))

Correction of Sentence by Sentencing Court (Fed. R. Crim P. 35(c)) [ ] Modification of Imposed Term of Imprisonment for Retroactive

Amendment(s) to the Sentencing Guidelines (18 U.S.C.§3582(c)(2))

Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36) [ ] Direct Motion to District Court Pursuant to [ ] 28 U.S.C. §2255

[ ] 18 U.S.C. §3559(c)(7), [U] Modification of Restitution Order

DEFENDANT:

pleaded guilty to count(s): 2 of the Indictment. pleaded nolo contendere to counts(s) which was accepted by the court. was found guilty on count(s) after a plea of not guilty.

RDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):

Date Offense Count

Nature of Offense Concluded Number(s) and 2 Possession of Unauthorized Access Devices 7/7/05 2 and Aiding and Abetting

The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant

Reform Act of 1984.

The defendant has been found not guilty on counts(s) and is discharged as to such count(s). Count(s) 1 of the Indictment (is)(are) dismissed on the motion of the United States.

Indictment is to be dismissed by District Court on motion of the United States.

Appeal rights given. [U] Appeal rights waived.

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within

any change of name, residence, or mailing address until all fines, restitution, costs, and special ents im posed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the United States attorney of material changes in economic circumstances.

5/25/07

Date of Imposition of Judgment

Name & Title of Judicial Officer

IMPRISONMENT

fendant is hereby com m itted to the custody of the United States Bureau of Prisons to be im prisoned for a total term onths.

The court makes the following recomm endations to the Bureau of Prisons: The Court recom m ends that the defendant be incarcerated in at the facility located at Lom poc, California, but only insofar as this accords with security classification and space availability. The Court recomm ends the defendant participate in the 500-Hour Bureau of Prisons Substance Abuse Treatment Program.

The defendant is rem anded to the custody of the United States Marshal.

The defendant shall surrender to the United States Marshal for this district. [ ] at on. [ ] as notified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: [ ] before on. [ ] as notified by the United States Marshal. [ ] as notified by the Probation or Pretrial Services Officer.

If no such institution has been designated, to the United States Marshal for this district.

RETURN

I have executed this judgment as follows:

Defendant delivered on to

, with a certified copy of this judgment.

UNITED STATES MARSHAL

By

Deputy U.S. Marshal

SUPERVISED RELEASE

from imprisonment, the defendant shall be on supervised release for a term of 36 months.

must report to the probation office in the district to which the defendant is released within 72 hours of release from the of the Bureau of Prisons.

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 from imprisonment and at least two periodic drug

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 not dispose of or otherwise dissipate any of his assets until the fine and/or restitution order by this judgment is paid in full, unless the defendant obtains approval of the court.

3. The defendant shall provide the probation officer with access to any requested financial information.

4. The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer.

5. As directed by the probation officer, the defendant shall participate in a correctional treatment program (inpatient or outpatient) to obtain assistance for drug or alcohol abuse.

6. As directed by the probation officer, the defendant shall participate in a program of testing (i.e. breath, urine, sweat patch, etc.) to determine if he has reverted to the use of drugs or alcohol.

7. As directed by the probation officer, the defendant shall participate in a program of mental health treatment (inpatient or outpatient.)

8. 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.

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 $$133,417.47

determ ination of restitution is deferred until. An Amended Judgment in a Criminal Case (AO 245C) will be entered r such determ ination.

defendant must m ake restitution (including comm unity restitution) to the following payees in the am ount 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

List Available 133,417.47 133,417.47

TALS: $133,417.47 $133,417.47

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 com m 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

during im prisonm ent. All crim inal monetary penalties, except those paym ents 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 num ber), Total Am ount, Joint and Several and corresponding payee, if appropriate: As to Docket #2:04CR00442-01, US v Am ir Noshin, shall pay restitution in the of $153,948.95 joint and several with Am ir Noshin. As to Docket #2:06cr00309-01, US v Farrell Maharaj, shall pay n in the am ount of $335,717.45 joint and several with Farrell Maharaj.

he defendant shall pay the cost of prosecution.

e defendant shall pay the following court cost(s):

e defendant shall forfeit the defendant's interest in the following property to the United States:

20100118

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