The opinion of the court was delivered by: George H. King, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date.
Y WITH COUNSEL MICHAEL ARTAN, RETAINED (Name of Counsel)
GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO Y NOT CONTENDERE GUILTY
There being a VERDICT of Y GUILTY, defendant has been convicted as charged of the offense(s) of: CONSPIRACY TO TRAFFIC IN CONTRABAND CIGARETTES; in Violation of TITLE 18 U.S.C. § 371, 2342; as charged in Count 1; STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS; in Violation of TITLE 31 U.S.C. §5324(a)(3); as charged in Count 4 of the First Superseding Indictment.
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:
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $3,236,617.50 pursuant to 18 U.S.C. § 3663. The amount of restitution ordered shall be paid to the victim listed in the confidential Presentence Report.
A partial payment of $500,000 shall be paid immediately. Payment of the balance shall be through the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid afer release from custody, monthly payments of at least $300 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.
The defendant shall be held jointly and severally liable with co-participants, Masis Geragosian (Eastern District of North Carolina, Docket No. CR 06-00031) for the amount of restitution ordered in this judgment.
Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant 18 U.S.C. § 3612(g).
The defendant shall comply with General Order No. 01-05.
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons Eighty-four (84) months. This term consists of 60 months on Count 1 and 24 months on Count 4, of the First Superseding Indictment, to be served consecutively.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of 3 years on each of Counts 1 and 4 of the First Superseding 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 not commit any violation of local, state or federal law or ordinance;
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 obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at the United States Court House, 312 N. Spring Street, Room 600, Los Angeles, California 90012.
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.
The Court has entered a money judgment of forfeiture in the amount of $3,236,617.50 against the defendant, which is hereby incorporated by reference into this judgment and is final .
Defendant informed of his right to appeal.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.
The defendant shall comply with the standard conditions that have been adopted by this ...