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United States v. Chhun

June 23, 2010

UNITED STATES OF AMERICA
v.
YASITH CHHUN SOCIAL SECURITY NO. 3120 (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

06/22/2010

X WITH COUNSEL Richard Callahan, Jr., Panel (Name of Counsel)

GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE X NOT GUILTY

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

18 U.S.C. § 956(a) CONSPIRACY TO KILL IN A FOREIGN COUNTRY (Count 1); 18 U.S.C. § 956(b): CONSPIRACY TO DAMAGE OR DESTROY PROPERTY IN A FOREIGN COUNTRY (Count 2); 18 U.S.C. § 371 CONSPIRACY (Count 3); 18 U.S.C. § 2332a(b) CONSPIRACY TO USE A WEAPON OF MASS DESTRUCTION OUTSIDE OF THE UNITED STATES (Count 4) as charged in 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 the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: life. This term consists of life on each of Counts 1 and 4 of the First Superseding Indictment, and a term of 300 months on Count 2 of the First Superseding Indictment and a term of 60 months on Count 3 of the First Superseding Indictment, all such terms to run concurrent.

Should the defendant be release from imprisonment, he shall be placed on supervised release for a term of five years. This term consists of five years on each of Counts 1 and 4 of the First Superseding Indictment, and a term of three years on each of Counts 2 and 3 of the First Superseding Indictment, all such terms to run concurrently and under the following terms and

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 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.

FINE: Pursuant to Section 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.

SPECIAL ASSESSMENT: It is further ordered defendant shall pay to the United States a special assessment fee of $400, which is due immediately to the Clerk of the Court.

SENTENCING FACTORS: The sentence is based upon the factors set forth in 18 U.S.C. § 3553, including the applicable sentencing range set forth in the guidelines.

The Court RECOMMENDS a BOP facility as close to the Southern California vicinity as

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 ...


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