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United States v. Adolphus

July 27, 2010

UNITED STATES OF AMERICA
v.
CLARENCE ADOLPHUS SOCIAL SECURITY NO. 5275 1187 (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.

07/27/2010

X WITH COUNSEL David Kaloyanides, CJA, 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 GUILTY, defendant has been convicted as charged of the offense(s) of: CR04-402-CAS: Conspiracy to Possess with Intent to Distribute a Controlled Substance in violation of 21 USC 846, as charged in Count 1 of the Indictment; and Money Laundering in violation of 18 USC 1956, as charged in Count 2 of the Indictment; and CR04-215-CAS: Tax Evasion in violation of 26 USC 7201, as charged in Count 1 of the Indictment; and Attempt to Interfere with Administration of Revenue Law in violation of 26 USC 7212(a), as charged in Count 2 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 committed on counts 1 and 2 of the Indictment in Docket No. CR04-00402-CAS to the custody of the Bureau of Prisons to be imprisoned for a term of: ONE HUNDRED SIXTY-EIGHT (168) MONTHS. This term consists of one hundred sixty-eight (168) months on Count 1 and one hundred sixty-eight (168) months on Count 2 of the Indictment, all to be served concurrently. This term also consists of sixty (60) months on Count 1 and thirty-six (36) months on Count 2 of the Indictment in Docket No. CR04-00215-CAS, all to be served concurrently.

It is ordered that the defendant shall pay to the United States a special assessment of $400.00, which is

All fines are waived as it is found that the defendant does not have the ability to pay.

It is ordered that the defendant shall pay restitution in Docket No. CR04-215-CAS, in the total amount of $236,368.00 pursuant to 18 U.S.C. § 3663A.

The amount of restitution ordered shall be paid to the victim as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victim. Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

If any amount of the restitution remains unpaid after release from custody, nominal monthly of at $50.00, during the term of supervised release. These payments shall begin within thirty (30) days after his release from imprisonment. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the 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 to 18 U.S.C. § 3612(g).

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

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four (4) years. This term consists of four (4) years on Count 1 and three (3) years on Count 2 of the Indictment charged in Docket No. CR04-00402-CAS, and two (2) years on Count 1 and 1 year on Count 2 of the Indictment charged in Docket No. CR04-00215-CAS, 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 refrain from any unlawful use of a controlled substance. The defendant shall submit to one (1) drug test within fifteen (15) days of release from imprisonment and at least two (2) periodic drug tests thereafter, not to exceed eight (8) tests per month, as directed by the Probation Officer;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. ยง 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer; The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug ...


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