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United States v. Reth

July 26, 2010

UNITED STATES OF AMERICA
v.
CHHAYARITH RETH



The opinion of the court was delivered by: Honorable Phyllis J. Hamilton, U. S. District Judge

Date of Original Judgment: February 29, 2008

(Or Date of Last Amended Judgment)

Reason for Amendment:

[ ] Correction of Sentence on Remand (Fed.R.Crim.P.35(a)) [ ] Modification of Supervision Conditions (18 U.S.C § 3563(c) or 3583(e)) [ ] Reduction of Sentence for Changed Circumstances [ ] Modification of Imposed Term of Imprisonment for Extraordinary and

(Fed. R.Crim.P.35(b)) Compelling Reasons (18 U.S.C. §3582(c)(1)) [ ] Correction of Sentence by Sentencing Court (Fed.R.Crim.P.35(c) [ ] Modification of Imposed Term of Imprisonment for Retroactive [ ] Correction of Sentence for Clerical Mistake (Fed.R.Crim.P.36) Amendment(s) to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2))

[x] Remanded from Court of Appeals for the Ninth Circuit [ ] Direct Motion to District Court Pursuant to [ ] 28 U.S.C. § 2255,

[ ] 18 U.S.C. § 3559(c)(7), or [ ] Modification of Restitution Order

4th AMENDED JUDGMENT IN A CRIMINAL CASE

BOP Case Number: DCAN498CR040003-001

USM Number: 98963-011

Defendant's Attorney:Julia Jayne

THE DEFENDANT:

[x] pleaded guilty to count(s): Two and Three of the Indictment. [ ] pleaded nolo contendere to count(s) which was accepted by the court. [ ] was found guilty on count(s) after a plea of not guilty.

The defendant is adjudicated guilty of these offense(s):

Title & SectionNature of OffenseOffense EndedCount 18 U.S.C. §1951(a)Interference with Commerce by Violence5/31/1995Two 18 U.S.C. §924(c)Use of a Firearm During the Commission of a Crime of Violence5/31/1995Three

The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

[x] All remaining counts of the Indictment are dismissed on the motion of the United States.

IT IS ORDERED that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of any material changes in economic circumstances.

7/21/10 Date of Imposition of Judgment

Signature of Judicial Officer

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term as follows: 70 months as to Count Two of the Indictment to be served concurrent to the terms imposed in CR 96-0094-05 PJH and Santa Clara County Superior Court Docket No. 184777; 60 months as to Count Three of the Indictment to be served consecutively to the term imposed as to Count Two of the Indictment and to the terms imposed in CR 96-0094-05 PJH and Santa Clara County Superior Court Docket No. 184777.

[x] The Court makes the following recommendations to the Bureau of Prisons: The defendant shall participate in the Bureau of Prisons 500 Hour Residential Drug Treatment Program.

[x] The defendant is remanded to the custody of the United States Marshal. The appearance bond is hereby exonerated.

[ ] The defendant shall surrender to the United States Marshal for this district.

[ ] at [] am [] pm on. [ ] as notified by the United States Marshal.

The appearance bond shall be deemed exonerated upon the surrender of the defendant.

[ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of

Prisons: [ ] before 2:00 pm on. [ ] as notified by the United States Marshal. [ ] as notified by the Probation or Pretrial Services Office.

The appearance bond shall be deemed exonerated upon the surrender ...


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