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United States v. Liu

February 26, 2010

UNITED STATES OF AMERICA
v.
CHAN LIU SOCIAL SECURITY NO. 1651 (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. 02/24/2010

W WITH COUNSEL JEFFREY AARON, DFPD, Appointed

(Name of Counsel)

W 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 W GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Manufacture and Distribute Marijuana in Violation of 21 U.S.C. § § 846, 841(a)(1), 841(b)(1)(A), 841(b)(1)(B) as charged in Count One of the Indictment.

The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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:

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

Pursuant to U.S.S.G. § 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.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Chan Liu, is hereby committed on count one of the two-count indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 24 months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five 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 cooperate in the collection of a DNA sample from the defendant.

The defendant shall participate for a period of 12 months in a home detention program which includes electronic monitoring and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall pay the costs of electronic monitoring to the contract vendor, not to exceed the sum of $4.60 for each day of participation in the electronic monitoring program. The defendant shall provide payment and proof of payment as directed by the Probation Officer.

The United States Probation Office is directed to evaluate the defendant's suitability for the electronic monitoring condition imposed.

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 further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12:00 Noon, April 19, 2010. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal, located at the United States Court House, 501 "I" Street, Fifth Floor, Sacramento, CA 95814-2322.

On Government's motion, Count 2 of the Indictment, ORDERED dismissed.

The Court STRONGLY RECOMMENDS that the defendant be housed at a Federal Medical Center.

The Court RECOMMENDS that the defendant be immediately assessed for the treatment and monitoring of the defendant's diabetes, hypertension, arthritis, hearing loss ...


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