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United States of America v. Kevin J. Mirecki

August 29, 2012

UNITED STATES OF AMERICA
v.
KEVIN J. MIRECKI



Social Security No. 0 2 6 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. 08 27 12

Charles L. Goldberg and Jeremy Warren, 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:

26 U.S.C. §7203: Willful Failure to File Income Tax Returns

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 defendant, Kevin J. Mirecki, is hereby committed on Counts 1, 2, and 3 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of 6 months. This term consists of 6 months on each of Counts 1, 2, and 3, all such terns to run concurrently.

On release from imprisonment, the defendant shall be placed on supervised release for a term of one year. This term consists of one year on each of Counts 1, 2, and 3, 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 and General Order 318 and 01-05;

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;

During the period of community supervision the defendant shall pay the special assessment, fine and restitution in accordance with this judgment's orders pertaining to such payment;

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; and

The defendant shall apply monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.

It is ordered that the defendant shall pay to the United States a special assessment of $75, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $206,419.00 pursuant to 18 U.S.C. § 3663. Restitution shall be paid in full immediately.

The amount of restitution ordered shall be paid to the Internal Revenue Service at IRS -RAC, Mail Stop 6261, Restitution, 333 W. Pershing Ave. Kansas City, MO 64108.

It is ordered that the defendant shall pay to the United States a total fine of $20, 000 consisting of $10,000 on Count 1 and $5,000 on each of Counts 2 and 3. The total fine shall bear interest as provided by law.

The fine and any unpaid special assessment and restitution 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. If any amount of the fine remains unpaid after release from custody, monthly payments of at least $300 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.

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

Bond is exonerated on surrender.

The Court recommends that defendant serve three months of the sentence in an Residential Re-entry Center ("RRC").

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, on October 15, 2012. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at the ...


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