The opinion of the court was delivered by: Honorable Terry J. Hatter, Jr., United States District Judge
Social Security No. 6 0 9 8 (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 01 10 2011
X WITH COUNSEL William Domnarski , appointed
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 U.S.C. § 371, as charged in Count One of the Indictment; Illegal Sale or Distribution of Unregulated Securities, Aiding and Abetting in violation of 15 U.S.C. §§ 77e, 77x and in violation of 18 U.S.C. § 2, as charged in Count Five of the Indictment; Subscription to False Federal Income Tax Returnin violation of 26 U.S.C. § 7206(1), as charged in Count One of the Third 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: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Stephen F. Owens, is hereby committed on Counts One and Five of the 15-Count Indictment (Docket No. CR08-1036-TJH), and Count One of the Third Superseding Information (Docket No. CR08-1036(C)-TJH) to the custody of the Bureau of Prisons to be imprisoned for a term of 36 months. This term consists of 36 months on each of Counts One and Five of the 15-Count Indictment (Docket No. CR08-1036-TJH) to be served concurrently, and 36 months on Count One of the Third Superseding Information (Docket No. CR08-1036(C)-TJH) to be served concurrent with the term of custody imposed in Count Five of the 15-Count Indictment (Docket No. CR08-1036-TJH).
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This terms consists of three years on each of Counts One and Five of the 15-Count Indictment (Docket No. CR08-1036-TJH), and one year on Count One of the Third Superseding Information (Docket No. CR08-1036(C)-TJH), all such terms to run concurrently, under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;
4. During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the U.S. Probation Office for treatment of narcotic addiction or drug dependency which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;
5. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency 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;
6. The defendant shall truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of
7. The defendant shall not be employed in any capacity wherein he has custody, control or management of his employer's funds;
8. The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;
9. 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;
10. As directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a singed release authorizing credit report inquiries; (2) federal and state income tax returns and a signed release authorizing their disclosure and (3) and accurate financial statement, with supporting documentation as to all assets, income, expenses, and liabilities of the defendant;
11. The defendant shall participate in a program for the treatment of gambling addiction as directed by the Probation Officer, until discharged from the program by the service provider with the approval of the Probation Officer. The defendant shall pay the cost
12. During the period of community supervision, the defendant shall pay the special assessment of $300 in accordance with this judgment's orders pertaining to such payment; and
13. The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is ordered that defendant pay to the United States a special assessment of $300, which is due immediately. All fines are waived, as it is found that the ...