The opinion of the court was delivered by: Honorable Stephen V. Wilson 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. AUG 16 2010
X WITH COUNSEL Michael McDonnell, Retained
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: Conspiracy in violation of 18 U.S.C. §371.
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:
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
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 the total amount of $43,577.00. Restitution shall be due during the period of imprisonment, at the rate of not less than $25.00 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of restitution remains unpaid after release from custody, monthly installments of at least $300.00, shall be made during the period of supervised release and shall begin 30 days after the commencement of supervision. The defendant shall be held jointly and severally liable with co-participants, (Docket No. CR 09-1190-SVW) for the total amount of restitution ordered in this judgment.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Sutang Wu, is hereby committed on Count 1 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of sixty (60)
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 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; The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
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:
United States Court House 312 North Spring Street, Room 600 Los Angeles, California 90012; and The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Court grants government's motion to dismiss all remaining counts, as to this defendant only.
The Court orders the defendant to receive credit for time served in custody.
The Court recommends the defendant be designated to FCI Miami, to be close to his family.
The Court recommends that the defendant be placed in the 500 hour drug treatment program (RDAP) while in the custody of the Bureau of Prisons, and, if eligible, ...