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United States v. Young

United States District Court Northern District of California
Nov 3, 2011
USDC Case Number: CR-11 -00131 -001 HRL (N.D. Cal. Nov. 3, 2011)

Opinion

USDC Case Number: CR-11 -00131 -001 HRL BOP Case Number: DC AN711CR000131-001

11-03-2011

UNITED STATES OF AMERICA v. GEORGE YOUNG, III

Defendant's Attorney: Tracy Henderson


JUDGMENT IN A CRIMINAL CASE

Defendant's Attorney: Tracy Henderson

THE DEFENDANT:

[ ] pleaded guilty to count(s): _.

[x] pleaded nolo contendere to count(s) One (1) of the Information which was accepted by the court.

[ ] was found guilty on count(s) _ after a plea of not guilty.

The defendant is adjudicated guilty of these offense(s):

+------------------------------------------------------------------+ ¦ ¦Offense ¦ ¦ ¦Title & Section ¦ ¦Count ¦ ¦ ¦Nature of Offense Ended ¦ ¦ +-------------------------------+--------------------------+-------¦ ¦18U.S.C. §13, assimilating ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦California Vehicle Code ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦§23103(a)-Reckless Driving, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦in substitution for the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦original charge of 18 U.S.C. ¦Reckless Driving 11/6/2010¦One(l) ¦ ¦ ¦ ¦ ¦ ¦§13, assimilating California ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ Vehicle Code §23152(a)- ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Driving Under the Influence ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦of Alcohol or Drugs) ¦ ¦ ¦ +------------------------------------------------------------------+

The defendant is sentenced as provided in pages 2 through 3 of this judgment. The sentence is imposed pursuant to the | Sentencing Reform Act of 1984.

[ ] The defendant has been found not guilty on count(s)_.

[ ] Count(s)_(is)(are) dismissed on the motion of the United States.

IT IS ORDERED that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of any material changes in economic circumstances.

11/03/2011

Date of Imposition of Judgment

___

Signature of Judicial Officer

Paul S. Grewal , U. S. Magistrate Judge

Name & Title of Judicial Officer

PROBATION

The defendant is hereby sentenced to probation for a term of thirty (30) days.

The defendant shall not commit another federal, state, or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and two periodic drug tests thereafter.

[ ] The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check if applicable.)

[ ] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check if applicable.)

[ ] The defendant shall cooperate in the collection of DNA as direct as directed by the probation officer. (Check if applicable.)

[ ] The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as direct by the probation officer. (Check if applicable.)

[ ] The defendant shall participate in an approved program for domestic violence. (Check if applicable.)

If this judgment imposes a fine or restitution, it is a condition of probation that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well with any additional conditions in this judgment.

Any appearance bond filed on behalf of the defendant is hereby exonerated.

STANDARD CONDITIONS

1) The defendant shall not leave the judicial district without permission of the court or probation officer;

2) The defendant shall report to the probation officer, and shall submit a truthful and complete written report within the first five days of each month;

3) The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) The defendant shall support his or her dependants and meet other family responsibilities;

5) The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;

6) The defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) The defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer;

10) The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere, and shall permit confiscation of any contraband observed in plain view of the probation officer;

11) The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

12) The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the Court; and

13) As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.

SPECIAL CONDITIONS OF PROBATION

1) The defendant shall complete an alcohol and drug education program (licensed by the California Health and Safety Code)

2) The defendant shall perform 48 hours of community service as directed by the U.S. Probation Office in San Jose.

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments as listed below.

+-----------------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +---------+------------+----------+-------------¦ ¦Totals: ¦$ 10.00 ¦$ 700.00 ¦$0.00 ¦ +-----------------------------------------------+

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:

A [x] Lump sum payment of $710.00 due immediately,

[x] no later than 11/30/2011.
[x] in accordance with () C, () D, () E, () F () G or (x) H below; or

H. [x] Out of Custody special instructions:

If incarcerated, payment of criminal monetary payment is due during imprisonment and payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program. Criminal monetary payments shall be made to the Clerk of U.S. District Court, 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.


Summaries of

United States v. Young

United States District Court Northern District of California
Nov 3, 2011
USDC Case Number: CR-11 -00131 -001 HRL (N.D. Cal. Nov. 3, 2011)
Case details for

United States v. Young

Case Details

Full title:UNITED STATES OF AMERICA v. GEORGE YOUNG, III

Court:United States District Court Northern District of California

Date published: Nov 3, 2011

Citations

USDC Case Number: CR-11 -00131 -001 HRL (N.D. Cal. Nov. 3, 2011)