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United States v. Somershoe

January 25, 2010

UNITED STATES OF AMERICA
v.
RANDY SCOTT SOMERSHOE SOCIAL SECURITY NO. RANDY, SOMERSHOE (LAST 4 DIGITS)



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. 2010

WITH COUNSEL George Buehler, Panel-Atty

(Name of Counsel)

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 / GUILTY, defendant has been convicted as charged of the offense(s) of:

False Statement in violation of 18 U.S.C. § 1001 as charged in the Single-Count Indictment.

The Court asked whether defendant had anything to say 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:

Time served on the Single-Count Indictment subject to release being conditioned upon placement into a residential re-entry center. 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;

The defendant shall reside for a period of up to, but not to exceed, six months in a residential re-entry center (community corrections component), as directed by the Probation Officer, and shall observe the rules of that facility. The Probation Officer is ordered to explore with the assistance of the RRC and defense counsel all opportunities to change the terms and conditions of state parole to permit defendant to reside in and complete his parole requirements in the state of Oregon. And if that can be worked out, supervised release shall be transferred to the state of Oregon as well. If those changes in the conditions of parole and supervised release are achieved and are achieved sometime before the six-month ceiling on the terms of placement in an RRC, then that six-month period shall be considered to have been completed and the transfer to Oregon shall be immediate;

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 shall participate in a psychological counseling or psychiatric treatment, as approved and directed by the Probation Officer. The defendant shall abide by all rules, requirements, and conditions of such program. The Probation Officer may disclose the presentence report or any previous mental health evaluations or reports to the treatment provider. If the treatment provider determines that the defendant no longer would benefit or be in need of any psychological counseling or psychiatric treatment, he may and shall terminate that condition of supervised release upon sending forth that written conclusion to the Probation Officer; and

As directed by the Probation Officer, the defendant shall pay all or part of the costs of mental health treatment to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment, as directed by the Probation Officer.

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.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

All fines are waived as it is found that the defendant does not have the ability to pay.

To the extent defendant retained any rights to appeal, defendant advised to file a notice of ...


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