JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person 02 08 2010
X WITH COUNSEL Katherine Corrigan, 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:
26 U.S.C. § 7206(1), 18 U.S.C. § 2: SUBSCRIPTION TO A FALSE TAX RETURN; AIDING AND ABETTING AND CAUSING AND ACT TO BE DONE 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:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Michael J. Walters, is hereby placed on probation on Count One of the Information for a term of two 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 truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order; and The defendant shall cooperate in the collection of a DNA sample from the defendant.
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.
The Court notes restitution is being handled directly with the Internal Revenue Service. Defendant shall pay restitution in the amount of $11,760.
The defendant shall comply with General Order number 01-05.
Pursuant to 18 U.S.C. § 3612 (f) (3) (A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payment may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612 (g).
If any amount of restitution ordered remains unpaid after the termination of probation, the balance shall be paid as directed by the United States Attorney's Office.
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.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, ...