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United States v. McTiernan

October 4, 2010

UNITED STATES OF AMERICA
v.
JOHN MCTIERNAN SOCIAL SECURITY NO. 1 0 3 3 (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. 10 4 10

X WITH COUNSEL S. Todd Neal, Retained; Oliver E. Diaz, Retained

(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:

18 U.S.C. §1623: False Declarations Before a Court - Count 3 of the First Superseding Indictment; 18 U.S.C. §1001(a)(2): False Statements - Counts 1 and 2 of the Second 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 defendant, John McTiernan, is committed on Count Three of the First Superseding Indictment, and Counts One and Two of the Second Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 12 months. This term consists of 12 months on each of Count Three of the First Superseding Indictment, and Counts One and Two of the Second Superseding Indictment, to be served concurrently.

On release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions. This term consists of three years on each of Count Three of the First Superseding Indictment, and Counts One and Two of the Second Superseding Indictment, all such terms to run concurrently.

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 the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment; and

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

The Court will set a surrender date upon receipt of the mandate on the appeal before the Ninth Circuit.

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

It is ordered that the defendant shall pay to the United States a total fine of $100,000, which shall bear interest as provided by law.

The fine shall be paid in full no later than 60 days from the date of sentencing.

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

Defendant is allowed to remain on bond pending appeal under the same terms and conditions.

The Court grants the government's oral motion to dismiss any remaining Indictments as to this defendant.

The Court recommends that defendant be incarcerated at the Yankton ...


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