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United States v. Lu

March 15, 2010

UNITED STATES OF AMERICA
v.
HUNG LU SOCIAL SECURITY NO. 0 5 1 9 (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. 3 15 10

X WITH COUNSEL Michael K. Cernyar, 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: Conspiracy in violation of 18 U.S.C. 371 as charged in Count 1 of the First Superseding Indictment; and Trafficking in Counterfeit Computer Documentation; Aiding and Abetting in violation of 18 U.S.C. 2318(a)& 2 as charged in Count 4 of the First Superseding 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 defendant, Hung Lu, is hereby committed on Counts 1 and 4 of the First Superseding Indictment to the custody of the Bureau of Prisons on to be imprisoned for a term of 46 months. This term consists of 46 months on each of counts one and four, to be served concurrently.

On 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 four, 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 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 not be directly or indirectly involved as an owner, controller, or employee of a copy or printing business without the express permission of 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

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

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

The Court recommends that defendant be incarcerated in a Southern California facility.

Defendant is allowed to travel to Toronto to see his father prior to surrender.

The Court grants the government's oral motion to dismiss the remaining counts of the indictment as to this defendant.

Bond is exonerated upon surrender.

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before April 19, 2010 at 12:00 noon. 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 ...


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