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. 12 06 2010
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Count 12: 18 U.S.C. §§1029(a)(1); 2(b): Access Device Fraud, Causing and Act to be Done. Class C Felony Count 20: 49 U.S.C. §5124; 18 U.S.C. §2(b): Unlawful Transportation of Hazardous Material, Causing an Act to be Done. Class D Felony 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:
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $499.67 pursuant to 18 U.S.C. § 3663A.
Defendant shall pay restitution in the total amount $499.67 to victims 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 victims.
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 restitution remains unpaid after release from custody, monthly installments of at least $50, shall be made during the period of supervised release and shall begin 30 days after the commencement of supervision.
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.
The defendant shall be held jointly and severally liable with co-participant, Saak Avakyant (Docket No. CR-10-CR-00299) for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.
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.
All fines are waived as the Court finds that the defendant is unable to pay and is not likely to become able to pay any fine.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Hovsep Hovsepyan, is hereby committed on Counts 12 and 20 of the 22-Count Indictment to the custody of the Bureau of Prisons for a term of six (6) months. This term consists of six (6) months on each of Counts 12 and 20 to be served concurrently. The Court considers this amount of time already to have been served by the defendant. The court therefore orders a forthwith release. #18198
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of two (2) years and nine (9) months. This term consists of two (2) years and nine (9) months on each of Counts 12 and 20, all such terms to run concurrently under the following terms 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 restitution in accordance with this judgment's orders pertaining to such payment;
The defendant shall not commit any violation of local, state or federal law or ordinance.
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;
When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service ...