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United States v. Miller

February 16, 2010

UNITED STATES OF AMERICA
v.
MILLER, JOHN ANTHONY SOCIAL SECURITY NO. 6692 (LAST 4 DIGITS)



The opinion of the court was delivered by: Christina A. Snyder, U. S. 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. 01 11 2010

X WITH COUNSEL Raul Ayala (Deputy Federal Public Defender) (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. §201(b)(1): Bribery of a Public Official (Count 1 of the Indictment), Class C Felony;

18 U.S.C. §1542: False Statement in Passport Application (Count 2 of the Indictment), Class C Felony;

18 U.S.C. §1028A: Aggravated Identity Theft (Count 3 of the Indictment), Class E Felony;

18 U.S.C. §1341,2: Mail Fraud, Aiding and Abetting (Single-Count of the Supplemental Information), Class C Felony 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 on Counts 1, 2 and 3 of the Indictment and the Single-Count Supplemental Information to the custody of the Bureau of Prisons to be imprisoned for a term of:

159 months. This term consists of 135 months on each of Counts One of the Indictment and on the Single-Count Supplemental Information, and 120 months on Count Two of the Indictment, all such terms to be served concurrently, and 24 months on Count Three of the Indictment, to be served consecutively.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts One and Two of the Indictment, and Single-Count of the Supplemental Information, and one year on Count Three of the Indictment, 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; 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;

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;

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;

The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer;

The defendant shall cooperate in the collection of a DNA sample from the defendant; and The defendant shall apply monies in excess of $500 received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgements and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.

It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $21,576,439.83, pursuant to 18 U.S.C. § 3663A. The amount of restitution ordered shall be paid as set forth on the list under separate cover. If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is

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 ...


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