The opinion of the court was delivered by: District Judge Manuel L. Real
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: October 12, 2012
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL Randolph Driggs, appointed _XX_PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a finding of X GUILTY, defendant has been convicted as charged of the offense(s) of: Aiding and assisting in the preparation of a false tax return in violation of Title 26 U.S.C. 7206(2) as charged in count 1; Subscribing to false tax return in violation of Title 26 U.S.C. 7206(1) as charged in count 19, of the indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
The Court asked whether defendant had anything to say 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 is committed to the custody of the Bureau of Prisons to be imprisoned for a term oft
Eighteen (18) months on each of counts 1 and 19, to be served concurrently.
IT IS FURTHER ADJUDGED that defendant shall be placed on supervised release for a term of one (1) year, concurrent on counts 1 and 19, under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02; 2) shall during the period of community supervision pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 3) 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; 4) 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 shall show proof to the Probation Officer of compliance with this order; 5) shall not prepare any income tax returns in his name or in anyone else's name; and shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any income tax return preparation business; 6) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $200.00, which is due immediately.
IT IS FURTHER ORDERED that the defendant pay restitution in the amount of $367,100.00 to the victim IRS, in such amounts and payment increments as shall be directed by the Probation Officer.
IT IS FURTHER ORDERED that all fines are waived.
IT IS FURTHER ORDERED that any remaining counts are dismissed as to this defendant.
IT IS FURTHER ORDERED that execution of sentence is stayed until December 10, 2012 at 12 noon, by which date and time the defendant shall self-surrender to the designated facility, or to the U.S. Marshal located at the Edward R. Roybal Federal Building and Courthouse, 255 East Temple Street, los Angeles, CA 90012.
IT IS FURTHER ORDERED that the bond of the defendant shall be exonerated upon his self-surrender.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of 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 ...