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United States of America v. Alvin Danielle Allen

December 20, 2011


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

E-FILED: 12-20-2011


Social Security No. 8 9 4 7 (Last 4 digits)



In the presence of the attorney for the government, the defendant appeared in person on this date. 12 15 2011

Craig Harbaugh, CJA Panel

(Name of Counsel)

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


There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Subscribing To A False Tax Return in violation of 26 U.S.C. § 7206(1), as charged in Count 1 of the Information.

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 Prisons' Inmate Financial

It is ordered that the defendant shall pay restitution in the total amount of $88,882 pursuant to 18 U.S.C. § 3663.

The amount of restitution ordered shall be paid as set forth in the confidential victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.

Restitution shall be paid in full no later than 60 days after sentencing.

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

All fines are waived as it is found the defendant does not have an ability to pay a fine.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Alvin Danielle Allen, is hereby committed on Count One of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of: SIXTEEN (16) MONTHS. This term shall be served concurrently with any undischarged terms of imprisonment remaining under Los Angeles County Superior Court case number

Pursuant to the Sentencing Guidelines Section 5G1.3(b), this term accounts for the adjustment for the time that has already been served under the state case of the same number.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one year under the following terms and 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 such tests per month, as directed by the Probation Officer;

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;

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 truthfully and timely file and pay taxes owed for the years of conviction; and 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;

The defendant shall not be employed in any capacity wherein he has custody, control or management of his employer's funds; The defendant shall cooperate in the collection of a DNA sample from the defendant; and The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgment and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.

The defendant waives his right to appeal pursuant to the corrected plea agreement.

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.

Clerk, U.S. District Court

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...

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