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United States of America v. Proctor

January 30, 2012

UNITED STATES OF AMERICA
v.
PROCTOR, JOSEPH FORD



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

E-FILED: JS-3

Social Security No. 7 1 5 6

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. 01 23 2012

CHASE SCOLNICK, DFPD

(Name of Counsel)

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

NOLO NOT CONTENDERE GUILTY

There being a VERDICT of GUILTY, defendant has been convicted as charged of the offense(s) of: SUBSCRIBING TO A FALSE INCOME TAX RETURN; In Violation of TITLE 26 U.S.C. § 7206(1); as charged in Counts 1 and 2 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:

It is ordered that the defendant shall pay to the United States a special assessment of $200, 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.

Pursuant to the Guide Section 5E1.2(a), all fines are waived as the Court finds that the defendant does not have the ability to pay a

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 consists of 30 months on Count 1 and 30 months on Count 2 of the Indictment, to be served consecutively to one another for a total term of 60 months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one (1) year. This term consists of 1 year on each of Counts 1 and 2 of the Indictment, all such terms to run concurrently 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;

During the period of community supervision the defendant shall pay the special assessment 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

The defendant shall not be employed in any capacity wherein he has custody, control or management of his employer's funds;

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving the sale of cell phones or related cell phone or computer merchandise, loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant ,as directed by the Probation Officer;

The defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary proceeds shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any business accounts, shall be disclosed to the Probation Officer upon request;

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.

that the defendant be designated to a facility in the Southern California area.

Defendant informed of 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.

Clerk, U.S. District Court

1/30/12 By

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