The opinion of the court was delivered by: U. S. District Judge Gary Allen Feess
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 10 04 2010
X WITH COUNSEL Stephen R. Kahn, 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 TO COMMIT MAIL FRAUD, WIRE FRAUD AND INTERSTATE TRANSPORTATION OF STOLEN PROPERTY in violation of 18 U.S.C SECTION 371; and WILLFUL FAILURE TO FILE TAX RETURN in violation of 26 U.S.C. Section 7203 as charged in Counts 1 and 2 of the Information.
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, Gerald Sullivan, is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of forty-eight (48) months. This term consists of 48 months on Count One, and 12 months on Count Two of the Information to be served concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $125.00, which is due immediately.
All fines are waived as it is found that the defendant does not have the ability to pay.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) year under the following terms and conditions. This term consists of three years on Count One and one year on Count Two, such terms to run concurrently.
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05--02;
2. The defendant shall comply with General Order No. 01-05; and
3. 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 substance abuse.
The Court recommends that the defendant be designated in a Bureau of Prison facility somewhere in Southern California and in particular, CI Taft.
Defendant informed that he has waived his right to appeal.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on January 7, 2011 on or before 12 noon . In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at: Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012 .
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, ...