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United States of America v. Tony Nguyen

January 15, 2013

UNITED STATES OF AMERICA
v.
TONY NGUYEN



Social Security No. 1 0 5 5

(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. 1 14 13

Nina Marino, 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:

18 U.S.C. 2320: Trafficking in Counterfeit Goods - Single Count Information

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, Tony Nguyen, is placed on Probation on Count One of the Information for a term of 5 years under the following terms and conditions.

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

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

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

The defendant shall participate for a period of 12 months in a home detention program which may include electronic monitoring, GPS, Alcohol Monitoring Unit or automated identification systems and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. If found unsuitable for the home detention program, defendant shall instead reside for 12 months in a Residential Re-entry Center and observe the rules of the facility. Terms of the home detention program must be approved by the Court;

The defendant shall pay the costs of Location Monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer;

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; and

The defendant shall perform 150 hours of community service, as directed by the Probation Officer.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $25,000, pursuant to 18 U.S.C. § 3663A, which shall be paid to the victim, Microsoft Corporation.

The defendant shall make monthly payments of at least 10% of defendant's gross monthly income, but not less than $100, whichever is greater, during the term of probation. These payments shall begin 30 days after the date of this judgment. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for immediate payment of the total

It is ordered that the defendant shall pay to the United States a total fine of $1,000. The fine shall be paid in monthly installments of at least 10% of defendant's gross monthly income, but not less than $100, whichever is greater during the term of probation, beginning immediately after the satisfaction of the restitution and special assessment.

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

The defendant shall comply with General Order No. 01-05, including the special conditions

It is further ordered that the defendant shall report to the probation ...


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