The opinion of the court was delivered by: George H. King, Chief U.S. District Judge
Social Security No. 5 6 7 7 JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 01 16 2013
ROGER JON DIAMOND, RETAINED
GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO X NOT CONTENDERE GUILTY
There being a VERDICT of GUILTY, defendant has been convicted as charged of the offense(s) of: ENGAGING IN THE BUSINESS OF PRODUCING AND SELLING OBSCENE MATERIAL AIDING AND ABETTING; in Violation of Title 18 U.S.C. §§ 1466(a), 2; as charged in COUNT 1; USING A FACILITY AND MEANS OF INTERSTATE AND FOREIGN COMMERCE AND INTERACTIVE COMPUTER SERVICE TO SELL AND DISTRIBUTE OBSCENE MATERIAL, AIDING AND ABETTING; in Violation of 18 U.S.C. §§ 1465, 2, as charged in COUNT 2; USING AN EXPRESS COMPANY COMMON CARRIER AND INTERACTIVE COMPUTER SERVICE TO TRANSPORT OBSCENE MATERIAL, AIDING AND ABETTING; in Violation of 18 U.S.C. §§ 1462(a), 2 as charged in COUNT 3; MAILING OBSCENE MATTER, AIDING AND ABETTING; in Violation of 18 U.S.C. §§ 1461, 2; as charged in COUNTS 4 AND 5 OF THE REDACTED AND RENUMBERED FIRST SUPERSEDING 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:
that the defendant shall pay to the United States a special assessment of $500, 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 nancial Responsibility Program.
that the defendant shall pay to the United States a total fine of $10,000, consisting of: $10,000 on each of Counts 1 through 5 to run concurrently, for a total of $10,000. The total fine shall bear interest as provided by law.
A sum of $450 shall be paid immediately. Payment of the 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. If any amount of the fine remains unpaid after release from custody, monthly payments of $300 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.
The defendant shall comply with General Order No. 01-05.
The Court has found that the property identified in the preliminary order of forfeiture is subject to forfeiture. The preliminary order is incorporated by reference into this judgment and is final as to the defendant.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: FORTY-EIGHT (48) MONTHS. This term consists of 48 months on each of Counts 1 through 5 of the Redacted and Renumbered First Superseding Indictment to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of 3 years on each of Counts 1through 5 of the Redacted and Renumbered First Superseding Indictment, 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, 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 cooperate in the collection of a DNA sample from the defendant;
All computers, computer-related devices, and their peripheral equipment, used by the defendant shall be subject to search and seizure. If the defendant opts to work for someone other than himself, this condition shall not apply to items used at the employment's site, which are maintained and monitored by the employer.
The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the Court.
Upon motion of the government, all remaining counts are ordered dismissed as to this defendant.
that the defendant shall surrender himself to the facility designated by the Bureau of Prisons on or before 12 noon,
In the absence of such designation the defendant shall report on the same date and time to the U. S. Marshal located at 312 N. Spring St., Los Angeles, California 90012.
Bond is exonerated upon surrender.
Motion to remain on bond pending appeal is denied without prejudice.
Defendant informed of his right to appeal.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within 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 law, ...