The opinion of the court was delivered by: Percy Anderson, United States District Judge
Social Security No. 6 7 0 3
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 09 17 2012
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: Conspiracy in violation of Title18 U.S.C. § 371, as charged in Count One of the Indictment; and False Statement in Passport Application in violation of Title 18 U.S.C. §1542, as charged in Count Two 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, Kenneth Passarelli, is hereby committed on Counts One and Two of the Indictment to the custody of the Bureau of Prisons for a term of THREE (3) MONTHS. This term consists of 3 months on each of Counts One and Two of the Indictment, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of two years. This term consists of two years on each of Counts One and Two, all such terms to run concurrently under the following
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 special conditions delineated in General Order 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 and fine in accordance with this judgment's orders pertaining to such payment;
The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample from the defendant; and
The defendant shall participate for a period of Three (3) Months in a home detention program which includes electronic monitoring. Defendant shall observe all the rules and regulations of the program as directed by the Probation Officer. The defendant shall pay the cost of the electronic monitoring with the contract vendor not to exceed $4.60 for each day of participation in the electronic monitoring program. The defendant shall provide payment and proof of payment as directed by the Probation Officer.
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 Prisons' Inmate Financial Responsibility Program.
It is ordered that the defendant shall pay to the United States a total fine of $5,000, consisting of the following: Count 1, a fine of $2,500; Count 2, a fine of $2,500. The total fine shall bear interest as provided by law.
The fine shall be paid in full within 60 days of the date of sentencing.
The defendant shall comply with General Order No. 01-05.
Defendant is advised of his right to appeal.
The Court recommends that defendant be housed in a facility in Denver, Colorado.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12:00 p.m., on December 4, 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 ...