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United States v. McKay

January 25, 2010

UNITED STATES OF AMERICA
v.
MAXWELL MCKAY SOCIAL SECURITY NO. 6 5 0 4 (LAST 4 DIGITS)



The opinion of the court was delivered by: Dale S. Fischer, United States District Judge

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. 1 25 10

X WITH COUNSEL Hans Viktor Olavson, Retained

(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:

18 U.S.C. §371: Conspiracy - Count 1 of the Indictment; 18 U.S.C. §2318(a) & 2 - Trafficking in Counterfeit Computer Documentation; Aiding & Abetting - Count 6 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: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Maxwell McKay, is placed on probation on Counts 1 and 6 of the First Superseding Indictment for a term of 5 years. This terms consists of 5 years on each of Counts 1 and 6, all such 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;

During the period of community supervision the defendant shall pay the fine and special assessment in accordance with this judgment's orders pertaining to such payment;

The defendant shall participate for a period of 16 months in a home detention program which may include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. The conditions of the home detention shall be approved by the Court;

The defendant shall perform 200 hours of community service, as directed by the Probation Officer, and specifically approved by the Court, which shall not be performed in connection with any entity or organization for which he is presently performing services;

The defendant shall apply monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

The defendant shall refrain from the unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer; 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 to the United States a total fine of $5000 which shall bear interest as provided by law. Monthly payments of at least $125 shall be made during the period of probation. These payments shall begin 30 days after the commencement of

The defendant shall comply with General Order No. 01-05.

The Court dismisses the remaining counts of the Indictment as ...


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