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United States of America v. Yi Qing Chen

May 9, 2011

UNITED STATES OF AMERICA
v.
YI QING CHEN



Social Security No. 0 8 5 5

(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. 5 9 11

Michael R. Belter, Appointed

(Name of Counsel)

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

NOLO X NOT CONTENDERE GUILTY

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Distribute Methamphetamine and Cocaine in violation of 21 U.S.C. §§846, 841(a)(1) as charged in Count 1 of the Second Superseding Indictment; Distribution of Methamphetamine in violation of 21 U.S.C. §841(a)(1) in violation of Count 2 of the Second Superseding Indictment; Trafficking, Attempt to Traffic in Counterfeit Goods in violation of 18 U.S.C. §§2320, 2(a) as charged in Count 3 of the Second Superseding Indictment; Trafficking in Contraband Cigarettes in violation of 18 U.S.C. §2342 (a) as charged in Count 4 of the Second Superseding Indictment; and Conspiracy to Import Missile Systems Designed to Destroy Aircraft in violation of 18 U.S.C. §§2332g(a)(1)(A), (a)(1)(B)) as charged in Count 5 of the Second Superseding Indictment

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: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that defendant, Yi Qing Chen, is committed on Counts One, Two, Three, Four and Five of the Second Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a total term of 300 months. This term consists of 300 months on Count One, 240 months on Count Two, 120 months on Count Three, 60 months on Count Four, and 300 months on Count Five, all such terms to run concurrently.

On release from imprisonment, the defendant shall be placed on supervised release for a total term of ten years under the following terms and conditions. This term consists of ten years on Count One, five years on each of Counts Two and Five, and three years on each of Counts Three and Four, all such terms to run concurrently:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;

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 by the Probation Officer;

The defendant shall abstain from using alcohol during the period of supervision;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; and

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

The defendant shall apply all monies received from income tax refunds, economic stimulus payments, recovery rebate credits, or similar payments, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation

It is ordered that the defendant shall pay restitution in the total amount of $520,000.00 pursuant to 18 U.S.C. § 3663A to Phillip 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 not less than $100, shall be made, during the period of supervised release, and shall begin 30 days after 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 to 18 U.S.C. § 3612(g).

The defendant shall comply with General Order No. 01-05.

It is ordered that the defendant shall pay to the United States a special assessment of $500, which is due immediately. Any unpaid balance 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.

All fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine in addition to the restitution ordered.

The Court advised the defendant of the right to appeal this judgment.

The Court grants the government's oral motion to dismiss any remaining complaints or Indictments ...


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