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United States v. Thai

September 2, 2010

UNITED STATES OF AMERICA
v.
SANH CHAN THAI SOCIAL SECURITY NO. 4 7 2 7 (LAST 4 DIGITS)



The opinion of the court was delivered by: Dale S. Fischer, U. S. District Judge

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. 09 02 2010

X WITH COUNSEL Guy Iversen, Deputy Federal Public Defender

(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: CR 04-1261(A): Conspiracy, in violation of 18 U.S.C. 371, as alleged in count 1; Trafficking in Counterfeit Computer Documentation, Aiding & Abetting, in violation of 18 U.S.C. 2318(a), 2 as alleged in count 6 of the First Superseding Indictment; CR 06-169: Conspiracy of Transporting Contraband Cigarettes, in violation of 18 U.S.C. 371, 2342(a), as alleged in count 1 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 defendant, Sanh Chan Thai, is placed on probation on Counts 1 and 6 of the First Superseding Indictment in CR 04-01261(A) and Count 1 of the Indictment in CR 06-00169 for a term of 5 years. Said term consists of 5 years on each of Counts 1 and 6 in CR 04-01261(A) and Count 1 in CR 06-00169, to be served 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 05-02;

During the period of community supervision, 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 defendant shall reside for a period of six months in a residential re-entry center (community corrections component), as directed by the Probation Officer, and shall observe the rules of that facility. Defendant is to be permitted to continue to work during this period;

The defendant shall participate for a period of 12 months in a home detention program which may include electronic monitoring, GPS, Alcohol Monitoring Unit or automated identification systems and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. The conditions of home detention shall be approved by the Court;

The defendant shall pay the costs of Location Monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation. The defendant shall provide payment and proof of payment as directed by the Probation Officer; and

The defendant shall perform 100 hours of community service for an organization with which he has no previous contact, as approved by the Court and as directed by the Probation Officer.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of

It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately.

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

All remaining counts are dismissed.

The defendant is advised of his right to appeal ...


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