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United States of America v. 1. Grigor Chivitchian

December 20, 2010

UNITED STATES OF AMERICA
v.
1. GRIGOR CHIVITCHIAN



The opinion of the court was delivered by: John F. Walter, U. S. District Judge

JS-3/Ent

Social Security No. 0 5 5 1

(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. December 20 2010

x WITH COUNSEL Garo Ghazarian; Thomas V. Johnston (Rtnd.)

(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 of GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Traffic in Contraband Cigarettes in violation of 18 U.S.C. §§ 371, 2342(a) [ct 1 ]; Trafficking in Contraband Cigarettes in violation of 18 U.S.C. §§ 2342(a), 2344(a) [ct 2] as charged in the Twelve-Count Indictment filed on May 14, 2010

The Court asked whether defendant had anything to say 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, Grigor Chivitchian, is hereby committed on counts one and two of the indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 1 year and 1 day. This term consists of 1 year and 1 day on each of counts one and two, to be served concurrently with each other.

The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of counts one and two, all such terms to run concurrently, under the following

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

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 apply all monies received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer;

The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's mental health to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due

It is ordered that the defendant shall pay restitution in the total amount of $280,096.50 pursuant to 18 U.S.C. § 3663A to: California State Board of Equalization, 12501 E. Imperial Highway, Suite 700, Norwalk, CA 90650 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 the restitution remains unpaid after release from custody, nominal monthly payments of at least 10% of defendants's gross monthly income, but not less than $100, whichever is greater, during the period of supervised release and shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the 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

The defendant shall be held jointly and severally liable with the co-defendant, Sarkis Mkrtchyan, for the amount of restitution ordered in this judgment. The victim's recovery is limited to the amount of their loss and the defendant's liability for ...


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