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United States of America v. Mark Joseph Jensenmark Joseph Tallman

November 5, 2012

UNITED STATES OF AMERICA
v.
MARK JOSEPH JENSENMARK JOSEPH TALLMAN



The opinion of the court was delivered by: U. S. District Judge Andrew J. Guilford

Social Security No. 3 0 4 3 (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. 11 05 2012

David Elden, 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: Possession of Stolen Government Money, in violation of 18 USC §641 as charged in Count 1 of the Indictment; and Aiding in Filing of False Tax Return, in violation of 26 USC §7206(2) as charged in Count 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 $200.00, 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 restitution in the amount determined at the restitution hearing set for

January 7, 2013 at 2:30 p.m..

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 restitution remains unpaid after release from custody, monthly payments of at least 10% of defendants's gross monthly income, but not less than $300, whichever is greater, shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.

Under 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency Under 18

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

All fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine, in addition to restitution.

Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Mark Joseph Jensen, is hereby committed on Counts 1 and 2 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of 18 months. This term consists of 18 months on Counts 1 and 2 of the Information, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years, consisting of three years on Count 1, and one year on Count 2, 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 05-02;

The defendant shall cooperate in the collection of a DNA sample from the defendant;

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

The defendant shall not own, operate, act as a consultant, be employed in, or participate in any manner, in any related concern, or any business involving tax preparation, or otherwise be engaged in any business that offers tax preparation, and shall not, in any capacity, paid or unpaid, prepare any State or Federal Income Tax Returns, personal or business returns, except his own personal tax returns, during the period of supervision without advanced approval of the Probation Officer;

The defendant shall notify the California Tax Education Council (CTEC), and any other appropriate regulatory, licensing, or certifying agency of his conviction and provide proof of such to the Probation Officer within 30 days of sentencing;

The defendant shall cooperate with and furnish financial information and statements to the Internal Revenue Service and the California Franchise Tax Board to determine all taxes due and owing, including interest and penalties, and shall file any past tax returns in a timely manner. The defendant shall pay in full any outstanding tax liability once assessed, including interest and penalties, or enter into an installment plan with Collection Division of the Internal Revenue Service and the California Franchise Tax Board;

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 ...


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