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United States of America v. Itzhak Abergil

May 22, 2012

UNITED STATES OF AMERICA
v.
ITZHAK ABERGIL
YITZHAK ABERGIL; ITZHAK ABERGEL; YITZHAK ABERGEL;



Social Security No. 0 0 0 0

The Friend; The Big Friend; The Man From the (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. 05 21 2012

Mark Werksman, Retained

(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: Racketeering Influenced and Corrupt Organizations (RICO) Conspiracy in violation of 18 USC 1962(d), as charged in Count 1 of the Indictment; RICO Conspiracy in violation of 18 USC 1962(d), as charged in Count 3 of the Indictment; Importation of Controlled Substances and Conspiracy to Import Controlled Substances in violation of 21 USC 952(a) and 963, as charged in Count 8 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 on Counts 1, 3, and 8 of the Indictment to the custody of the Bureau of Prisons to be imprisoned in the United States for a term of: ONE HUNDRED AND TWENTY (120) MONTHS on each of Counts 1, 3, and 8 of the Indictment, to be served concurrently. In the event that defendant is extradited following sentencing and serves his term of imprisonment in Israel, the term imposed is ONE HUNDRED TWO (102) MONTHS on each of Counts 1, 3, and 8 of the Indictment, to be served concurrently.

It is ordered that the defendant shall pay to the United States a special assessment of $300.00, which is due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25.00 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

Pursuant to Guideline Section 5E1.2(a), all fines are waived pursuant to the stipulations in the Rule 11(c)(1)(C) binding plea agreement.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of threer (3) years. This term consists of three (3) years on each of Counts 1, 3, and 8 of the Indictment, all such terms to run concurrently under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office, General Order 05-02, and General Order 01-05, including the three (3) special conditions delineated in General Order 01-05;

The defendant shall not commit any violation of local, state or federal law or ordinance; The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one (1) drug test within fifteen (15) days of release from imprisonment and at least two (2) periodic drug tests thereafter, not to exceed eight (8) tests per month, as directed by the Probation Officer;

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 comply with the immigration rules and regulations of the United States, and if deported or removed from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012; and The defendant shall cooperate in the collection of a DNA sample from the defendant. Defendant is informed of his right to appeal.

The Court grants the Government's request to dismiss the remaining counts of the Indictment. The Court hereby recommends that defendant's extradition be expedited forthwith.

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

U. S. District Judge/Magistrate Judge

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


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