The opinion of the court was delivered by: George H. King, U.S. District Judge
Social Security No. 1 1 9 1
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 11 14 2011
Y 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 GUILTY, defendant has been convicted as charged of the offense(s) of: STORAGE OF HAZARDOUS WASTE WITHOUT A PERMIT; KNOWING ENDANGERMENT SPECIAL ALLEGATION; CAUSING AN ACT TO BE DONE; In Violation of TITLE 42 U.S.C. § 6928(d)(2)(A); 42 U.S.C. § 6928(e); 18 U.S.C. § 2(b); as charged in the SINGLE-COUNT FIRST 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:
It is ordered that the defendant shall pay to the United States a special assessment of $100, 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 l Responsibility Program.
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
It is ordered that the defendant shall pay restitution in the total amount of $799,117.18 to the victim listed in the government's Any unpaid balance of the restitution amount ordered 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. Nominal monthly restitution payments in the amount of $100, shall be paid during the period of Court-ordered supervision. Payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the Court finds that the defendant does not have
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: SIXTY (60) MONTHS. This term shall be served concurrently with the undischarged term of imprisonment in the Los Angeles County Superior Court case number LA 062440.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) 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;
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;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the concurrence and approval of the Probation Officer;
As directed by the Probation Officer, the defendant shall pay, to the extent that the defendant has the ability to do so, all or part of the costs of treating the defendant's psychiatric disorder 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 The Court authorizes the Probation Officer to disclose the Presentence Investigation Report, and/or any previous mental health evaluations or reports, to the treatment provider. The treatment provider may provide information (excluding the Presentence Investigation Report), to State or local social service agencies (such as the State of California Department of Social Services), for the purpose of the defendant's rehabilitation.
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. that the defendant be designated to Terminal Island and/or an appropriate medical facility.
IT IS FURTHER RECOMMENDED that the Bureau of Prisons conduct a medical examination of the defendant and provide all
Upon motion of the government, all remaining counts are ordered dismissed.
Defendant is informed of his right to appeal.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within 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. Marshal or other qualified officer.