The opinion of the court was delivered by: U. S. District Judge Andrew J. Guilford
***CONDITION OF SUPERVISED RELEASE NO. 4 AMENDED 1/11/11***
Social Security No. 7 7 0 9
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 12 02 2010
X WITH COUNSEL Edward Swan, Jr., 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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in violation of 18 USC § 371 as charged in Count 1 of the First Superseding Information and Corrupt Attempt to Impede Due Administration of the Internal Revenue Code in violation of 26 USC § 7212(a) as charged in Count 2 of the First Superseding Information 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:
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 to the United States a total fine of $7,500.00, which shall bear interest as provided by law. The fine shall be paid in full immediately.
The defendant shall comply with General Order No. 01-05.
Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, LEO WINSTON SMITH, is hereby committed on Counts 1 and 2 of the 2-Count First Superseding Information to the custody of the Bureau of Prisons to be imprisoned for a term of 6 months, followed by 6 months of home confinement under the same terms and conditions originally imposed. This term consists of 6 months on each of Counts 1 and 2, to be served concurrently.
The Court recommends that the Bureau of Prisons conduct a medical health evaluation of the defendant and provide all necessary treatment.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. This term consists of three years on Count 1 and one year on Count 2, all such terms to run concurrently under the following terms and conditions:
LEO WINSTON SMITH Docket No.: SACR 07-69-AG
1. The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;
2. The defendant shall cooperate in the collection of a DNA sample from his person;
3. The defendant shall pay the special assessment and fine in accordance with this judgment's orders ...