The opinion of the court was delivered by: U. S. District Judge Gary Allen Feess
Social Security No. 2 6 8 1
(Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 03 04 2013
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: Wire Fraud in violation of 18 U.S.C. § 1343 as charged in Counts 1 and 2 of the 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 the defendant, Philip David Horn, is hereby committed on Counts 1 and 2 of the 2-Count Information to the custody of the Bureau of Prisons to be imprisoned for a term of 24 months. This term consists of 24 months on each of Counts 1 and 2, to run concurrently to each other.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
The defendant shall comply with General Order No. 01-05.
Pursuant to Section 5E1.2(e) of the Guidelines, all fines are waived.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years, on each of Counts 1 and 2, to run concurrently, under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the
U. S. Probation Office and General Order 05-02;
2. The defendant shall not commit any violation of local, state or federal law or ordinance;
3. During the period of community supervision the defendant shall pay the special assessment fee.
4. The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance Corporation;
5. The defendant shall not be employed in any capacity wherein he has custody, control or management of his employer's funds;
6. The defendant shall not engage, as whole or partial owner, employee, consultant, or otherwise, in any business involving loan programs, securities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;
7. The defendant shall not be employed in any position that requires licensing and or certification by any local, state or federal agency without prior approval of the Probation Officer; and
8. The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, on April 12, 2013. 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 Royal Federal building, 225 East Temple Street, Los Angeles, California 90012.
The Court recommends that the defendant be designated in a Bureau of Prison facility somewhere in Southern California, specifically at CI Taft.
Defendant informed that he has waived his right to appeal.
On the Government's motion, all remaining counts of the underlying indictment/ ...