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United States of America v. Montejano

August 5, 2011

UNITED STATES OF AMERICA
v.
MONTEJANO, RICHARGD FRANCO RICHARD PATEL



The opinion of the court was delivered by: George H. King, U. S. District Judge

E-Filed: JS-3

Social Security No. 2 8 6 1

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. 07 27 2011 Y WITH COUNSEL EDWARD ROBINSON, RETAINED (Name of Counsel) Y GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding of Y GUILTY, defendant has been convicted as charged of the offense(s) of: CONSPIRACY TO COMMIT COPYRIGHT INFRINGEMENT; in Violation of Title 18 U.S.C. § 371; as charged in the Single-Count 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 $100, which is due immediately.

It is ordered that the defendant shall pay to the United States a total fine of $3,000, which shall bear interest as provided by law.

The fine shall be paid in monthly installments of at least $200 during the term of probation, beginning 30 days from the date of Defendant shall comply with General Order 01-05.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby PLACED on PROBATION forTWO (2) years 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;

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 participate for a period ofsix (6) months in a home detention program which may include electronic monitoring, GPS, Alcohol Monitoring Unit or automated identification systems and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. To the extent that the defendant demonstrates to the Probation Officer satisfaction that his work would require him to go to Montana for a two week period, the Probation Officer may permit defendant to go to Montana for the sole purpose of his work obligations. If defendant is away for those two weeks or any other amount of time, that the Probation Officer may authorize, that period, to the extent it occurs during the period of home detention, will not count. The time that he is absent from his home while in Montana on his employment, will be added to the end of the period so that he will have a full six months of home detention, subject to all conditions previously stated;

The defendant shall pay the costs of Location Monitoring to the contract vendor, not to exceed th sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer;

During the period of community supervision the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such paymentThe defendant shall perform 100 hours of community service as directed by the Probation Officer. The Probation Officer shall ensure, to the extent possible, that such community service relates to speeches that defendant shall give to that segment of the population, including students, who may benefit from hearing from defendant about the dangers, consequences, and criminality ofWhen not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;

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, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

Before using computer or computer-related device capable of accessing the internet, screen name, password, email account or ISP for the first time, defendant shall notify his Probation Officer. Computers and computer-related devices include, but are not limited to, personal computers, personal data assistants (PDAs), internet appliances, electronic games, and cellular telephones, as well as their peripheral equipment, that can access or can be modified to access the internet, electronic bulletin boards, and other

After notifying his Probation Officer about a particular computer, computer-related device, screen name, password, email account, or ISP, defendant need not notify the Officer about subsequent use of that particular item. Defendant shall, however, notify his Probation Officer of any additions to, removal from, upgrades of, updates of, reinstallations of, repairs of, or other modifications of the hardware or software on any ...


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