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United States v. Azar

April 12, 2010

UNITED STATES OF AMERICA
v.
MARIO AZAR SOCIAL SECURITY NO. 4 0 2 0 MARIO KHALIL AZAR (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.

April 1, 2010

X WITH COUNSEL Michael K. Cernyar, appointed

(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: Unauthorized Impairment of a Protected Computer in violation of Title 18 United States Code, Section 1030(a)(5)(A)(I), (B)(i) , as charged in Count 1 of the 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 the defendant is hereby sentenced for a term of: PROBATION FOR FIVE (5) YEARS.

The Court ORDERS the defendant to pay to the United States a special assessment of $100.00, to the Clerk of the Court, which is due immediately. All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to

The defendant shall comply with General Order No. 01-05.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Mario Azar, is hereby placed on probation on Count One of the Indictment for a term of five (5) 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 probation the defendant shall participate for a period of six (6) months in a home detention program which may include 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 without devices and/or services that may interrupt operation of the monitoring equipment.

The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation. The defendant shall provide payment and proof of payment as directed by the Probation Officer.

. The defendant also shall pay restitution to PER in the amount of $50,000 in monthly payments of at least $625 per month until

. 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 perform 200 hours of community service, as directed by the Probation Officer.

. The defendant shall possess and use only those computers and computer-related devices, screen user names, passwords, email accounts, and internet service providers (ISPs), which have been disclosed to the Probation Officer upon commencement of supervision. Any changes or additions are to be disclosed to the Probation Officer prior to the first use. Computers and computer-related devices are personal computers, personal data assistants (PDAs), internet appliances, electronic games, cellular telephones, and digital storage media, as well as their peripheral equipment, that can access, or can be modified to access, the internet, electronic bulletin boards, and other computers.

. All computers, computer-related devices, and their peripheral equipment, used by the defendant shall be subject to search and seizure. This shall not apply to items used at the defendant's ...


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