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United States v. Zhang

April 5, 2010

UNITED STATES OF AMERICA
v.
EVAN ZHANG SOCIAL SECURITY NO. 5 8 4 7 (LAST 4 DIGITS)



The opinion of the court was delivered by: John F. Walter, 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. April 5 2010

x WITH COUNSEL John H. Rion, Rtnd. and Richard G. Hirsch, Rtnd.

(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 of GUILTY, defendant has been convicted as charged of the offense(s) of: Exporting National Security Controlled Items Without a License in violation of 50 U.S.C. §§ 1705(a),(C); 15 C.F.R. §§ 736.2, 764.2, and 774 as charged in the Single-Count Information filed on August 8, 2008

The Court asked whether defendant had anything to say 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, Evan Zhang, is hereby is hereby placed on probation on the Single-Count Information for a term of 3 years under the following terms

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

The defendant shall reside at a community corrections center (CCC), under the community corrections component, for a period not to exceed six months, and shall comply with all rules and regulations of the CCC, until discharged by the program director, with the approval of the Probation Officer;

The defendant shall participate for a period of six months in a home detention program which includes 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 with devices and/or services that may interrupt operation of the monitoring equipment;

The defendant shall pay the costs of electronic monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payment as directed by the Probation

The defendant shall perform 1500 hours of community service, as directed by the Probation Officer;

During the period of community supervision the defendant shall pay the special assessment and fine 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 the exporting of Department of Commerce export-controlled items 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 cooperate in the collection of a DNA sample from the defendant; and

The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments 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 $100, which is due

It is ordered that the defendant shall pay to the United States a total fine of $20,000, ...


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