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United States of America v. Ernest v. Nelson

December 13, 2011

UNITED STATES OF AMERICA
v.
ERNEST V. NELSON
NELSON, ERNEST VANOISE



JS-3

AMENDED FOLLOWING REMAND FROM THE NINTH CIRCUIT COURT OF APPEALS

Social Security No. 0 9 0 0 (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. Oct 5 2010

X WITH COUNSEL Jill K. Ginstling, DFPD

(Name of Counsel)

X 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:

Subscribing to False Income Tax Return in violation of 26 U.S.C. § 7206(1) as charged in Count Four 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

Thirty (30) months. This term consists of 28 months, to be served concurrently with the undischarged term of imprisonment in Los Angeles County Superior Court case number BA331871 and two months to be served consecutive to the earlier of: (a) the completion of that undischarged term of imprisonment or (b) defendant's release from state custody for any reason, including but not limited to as a result of any legal ruling, even if the release occurs earlier than 28 months from the date

Put another way, the concurrent portion of this sentences means concurrent to actual future state court custody in Case BA331871. For example, as currently contemplated and understood, defendant is expected to be released from state custody in January 2013. If he is released before then, the consecutive two months federal custody shall begin to run upon such release, regardless of whether from the date of this order defendant will have actually remained in state custody for another 28 months. Thus, if defendant is released from state custody in January 2012 (instead of January 2013), his federal custody sentence would begin in January 2012 and continue for two months, resulting in his release from federal custody in March 2012, instead of March 2013.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one (1) year 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 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 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.

When 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 apply all monies received from income tax refunds to his outstanding federal tax obligation for the years 1999, 2000, 2001, 2002, and 2003. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to his outstanding federal tax obligation for the years 1999, 2000, 2001, 2002, and 2003.

The defendant shall cooperate with the IRS in the determination of his income tax liabilities for the calendar years 1999, 2000, 2001, 2002, and 2003. The defendant shall file, no later than three months after defendant's release from custody, accurate Amended Income Tax Returns for the calendar years 1999, 2000, 2001, 2002, and file an accurate return for 2003, subject to Defendant's admissions in the plea agreement, correctly reporting income and deductions and will, if requested to do so by the Internal Revenue Service, provide the Internal Revenue Service with information regarding the years covered by the returns, and will make his best efforts to pay promptly all additional taxes, penalties, and interest assessed by the Internal Revenue Service as well as any additional amounts determined by the Internal Revenue Service to be owing as a result of any computational errors. Further, the defendant shall show proof to the Probation Officer of compliance with this order.

The defendant shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order.

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 restitution in the total amount of $433,031.92 pursuant to ...


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