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United States of America v. Michael J. Howard

February 8, 2011

UNITED STATES OF AMERICA
v.
MICHAEL J. HOWARD
DEFENDANT



The opinion of the court was delivered by: District Judge Manuel L. Real

S.Sec.#-------1728

Residence: N/A

Mailing: SAME

JUDGMENT AND PROBATION/COMMITMENT ORDER

In the presence of the attorney for the government, the defendant appeared in person, on: FEBRUARY 7, 2011

Month / Day / Year

COUNSEL:

However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.

XX WITH COUNSEL Callie Glanton-Steele DFPD _X_PLEA:

XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY FINDING:

There being a finding of GUILTY, defendant has been convicted as charged of the offense(s) of: Trafficking in counterfeit goods in violation of Title 18 USC 2320 as charged in count 1 of the information; Criminal Forfeiture in violation of Title 18 USC 2320(b);

21 USC 853 as charged in count 2 of the information.

JUDGMENT AND PROBATION/COMMITMENT ORDER:

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 defendant:

IS PLACED ON PROBATION for a term of five (5) years under the following terms and conditions: defendant shall 1) serve forty-five (45) days in the custody of the Bureau of Prisons in a jail-type facility, to be served on consecutive weekends, commencing on March 5, 2011 at 8:00 a.m., and continuing until March 6, 2011 at 6:00 p.m., which will represent two days or one weekend, and continuing on every weekend thereafter, from Saturday at 8:00 a.m. until Sunday at 6:00 p.m., in the custody of the Bureau of Prisons in a jail-type facility, until the 45 days of consecutive weekend incarceration has been completed; 2) shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02; 3) shall during the period of probation pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment; 4) shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; 5) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 6) shall perform eight hundred (800) hours of community service, as directed by the Probation Officer; 7) shall cooperate in the collection of a DNA sample from the defendant.

IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.

IT IS FURTHER ORDERED that the defendant pay a total fine to the United States of $3,000.00. A sum of $270.00 shall be paid immediately, and the balance of the fine shall be paid in monthly installments of $270.00 during the period of probation. These payments shall begin within 30 days after the date of this judgment. It is further ordered that interest on the fine is waived.

IT IS FURTHER ORDERED that defendant shall comply with General Order 01-05.

IT IS FURTHER ORDERED that the money judgment of forfeiture entered against the defendant is hereby incorporated by reference into this judgment, and is final.

IT IS FURTHER ORDERED that the bond of the defendant is exonerated.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of 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, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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