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United States of America v. Charles Yi Yi

June 6, 2011

UNITED STATES OF AMERICA
v.
CHARLES YI YI, JANG HO



The opinion of the court was delivered by: Percy Anderson, U. S. District Judge

Social Security No. 5 0 6 4 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. 06 06 2011

Marilyn Bednarski, Appt. (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 Violate the Clean Air Act in violation of Title 18 U.S.C. § 371 as charged in Count 1 of the Indictment; Failure to Notify About Renovation Containing Asbestos in violation of Title 42 U.S.C. § 7413(c)(1); 40 C.F.R. §61.145(b) as charged in Count 3 of the Indictment; Failure to Provide Properly Trained Person During Renovation Containing Asbestos in violation of Title 42 U.S.C. § 7413(c)(1); 40 C.F.R. §61.145(c)(8) as charged in Count 4 of the Indictment; Failure to Properly Remove Asbestos in violation of Title 42 U.S.C. § 7413(c)(1); 40 C.F.R. §61.150(a)(1) as charged in Count 5 of the Indictment; and Failure to Properly Dispose of Asbestos Wastes in violation of 42 U.S.C. § 7413(c)(1); 40 C.F.R. §61.150(b) as charged in Count 6 of the 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 the defendant, Charles Yi, is hereby committed on Counts 1, 3, 4, 5 and 6 of the Indictment to the custody of the Bureau of Prisons for a term of 48 months. This term consists of 48 months on each of Counts 1, 3, 4, 5 and 6 of the Indictment, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 2 years. This term consists of 2 years on each of Counts 1, 3, 4, 5 and 6 of the Indictment, 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 05-02;

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

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

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.

Pursuant to Guideline Section 5E1.2(a), 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.

It is ordered that the defendant shall pay restitution in the total amount of $5,400 pursuant to 18 U.S.C. § 3663A. The court finds that the government has proven that medical monitoring is medically necessary and the Court finds that it is directly related to offense for which the defendant stands convicted.

The amount of restitution ordered shall be paid as set forth on the list attached to this judgment upon satisfactory proof of incurring the costs of medical monitoring not to exceed the sum of $1,800 per victim. If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.

Nominal monthly payments of at least 10% of the defendant's gross monthly income, but not less than $100, whichever is greater, shall be made during the period of supervision 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 amount ordered.

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. § The defendant shall be held jointly and severally liable with co-participants, John Bostick and Joseph Yoon (Docket No. CR 10-575 PA), for the amount of restitution ordered in this judgment. The victims' recovery is limited to the ...


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