Opinion
No. CR 01-00977-001-PHX-PGR, No. CR 02-00164-001-PHX-PGR.
April 16, 2002
Thomas Hoildal, Attorney for Defendant.
JUDGEMENT IN A CRMINAL CASE
THE DEFENDANT ENTERED A PLEA OF guilty on 2/26/02 to Count ONE In CR 01-00977-PHX PGR of the Superseding Indictment and Count TWO in CR 02-00164-PHX-PGR of the indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE FOLLOWING OFFENSE(S) violating Title 42, U.S.C. § 408(a)(6), Social Security Fraud, a Class D Felony offense, as charged in Count ONE of the Superseding Indictment in CR 01-00977-PHX-PGR; Title 18, U.S.C. § 1001, False Statements, a Class D Felony offense, as charged in Count TWO of the Indictment in CR 02-00164-PHX-PGR.
IT IS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the custody of the Bureau of Prisons for a term of TIME SERVED. This term consists of time served on Count One in CR 01-00977-PHX-PGR and time served on Count Two in CR 02-00164-PHXPGR, all counts 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 three years on Count One in CR 01-00977-PHX-PGR and three years on Count Two in CR 02-001 64-PHX-PGR, terms to run concurrently.
IT IS FURTHER ORDERED that all remaining counts DISMISSED on motion of the United States.
CRIMINAL MONETARY PENALTIES
The defendant shall a to the Clerk, U.S. District Court, Attn: Finance, Suite 130, 401 West Washington St., SPC 1, Phoenix, Arizona 85003-2118, the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $200.00 FINE: $0 RESTITUTION: $0
Defendant does not have the ability to pay a fine or only has the ability to pay a fine less than the guideline minimum.
The total special assessment of $200.00 shall be paid pursuant to Title 18, United States Code, Section 3013 for Count ONE of the Superseding Indictment in CR 01-00977-PHX-PGR and Count TWO of the Indictment in CR 02-00164-PHX-PGR.
Until all restitutions, fines, special assessments and costs are fully paid, the defendant shall immediately notify the Clerk, U.S. District court, of any change in name and address.
SUPERVISED RELEASE
Upon release from imprisonment, the defendant is placed on supervised release for a term of THREE (3) YEARS. This term consists of three years on Count One in CR 01-00977-PHX-PGR and three years on Count Two in CR 02-00164-PHX-PGR, terms to run concurrently.
The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.
For offenses committed on or after September 13, 1994: The defendant shall refrain from any unlawful use a controlled substance. Pursuant to 18 U.S.C. § 3563 (a)(4) and 3583(d) the defendant shall submit to one drug test within 15 days of release from imprisonment and such other periodic drug tests thereafter, as directed from time to time by the probation officer.
The above drug testing condition is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in 18 U.S.C. § 921.
The defendant shall comply with the standard conditions of supervision:
1) You shall not commit another federal, state, or local crime during the term of supervision.
2) You shall not leave the judicial district or other specified geographic area without the permisston of the Court or probation officer.
3) You shall report to the Probation Office as directed by the Court or probation officer, and shall submit a truthful and complete written report within the first five days of each month.
4) You shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer.
5) You shall support your dependents and meet other family responsibilities.
6) You shall work regularly at a lawful occupation unless excused by the probation officer for schooling , training, or other acceptable reasons
7) You shall notify the probation officer at least ten days prior to any change of residence or employment.
8) You shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician. Possession of controlled substances will result in mandatory revocation of your term of supervision. If ordered by the. Court to participate in a drug and/or alcohol abuse treatment program, you shall totally abstain from the use of any alcoholic beverages or other intoxican during and after the course of your treatment.
9) shall not frequent places where controlled substances are illegally sold, used, distributed or administered, or other p laces specified by the Court.
10) You 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.
11) You shall permit a probation officer to visit at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer.
12) You shall immediately notify the probation officer (within forty-eight (48) hours if during a weekend or on a holiday) of being arrested or questioned by a law enforcement officer.
13) You 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.
14) As directed by the probation officer, you shall notify third parties of risks that may be occasioned by your criminal record or personal history or characteristics, and shall permit the probation officer to make such notification and to confirm your compliance with such notification requirement.
15) You shall refrain from possessing a firearm, destructive device, or other dangerous weapon. Possession of a firearm will result in mandatory revocation of your term of supervision .Th is prohibition does not apply to misdemeanor cases unless special condition imposed by Court.
16) Unless suspended by the Court, you shall submit to one substance abuse test within the first 15 days of supervision and at least two periodic substance abuse tests thereafter, pursuant to 18 U.S.C. § 3563 (a)(4) and 3583(d);
17) If supervision follows a term of imprisnment, you shall report in person to the Probation Office in the district to which you are released within seventy-two (72)hours of release.
18) The balance of any financial obligation ordered by this Court shall be paid Zin regular monthly installments approved by the probation officer, the full amount to be paid 90 days prior to expiration of supervision. You will notify the probation officer of any material change in your economic circumstances that might affect your ability to pay restitution, fines, or special assessments.
The defendant shall also comply with the following special conditions:
1. You shall not re-enter the United States or any of its territories and possessions without legal authorizations.
2. The defendant shall voluntarily leave the United States within 48 hours from 4/15/02 and shall be escorted by government agents and placed on an aircraft leaving the United States and traveling to a destination of the defendant's choice.
3. The defendant shall remain in custody until he leaves the United States no later than 48 hours from 4/15/02.
4. The defendant shall relinquish all passports, Social Security cards, professional licenses, resident alien cards, driver licenses, or other evidence of identity, and shall not replace such documents. lf the defendant needs his French passport to voluntarily leave the United States, the United States will return the appropriate passport to the defendant.
5. The defendant shall not seek or obtain any identification documents in the United States.
6. The defendant shall not fly or be flown in any aircraft of any type, or be at any private or public airport in the United States, except as necessary to voluntarily leave the United States pursuant to his plea agreement in the instant offense.THE DEFENDANT IS ADVISED OF HIS/HER RIGHT TO APPEAL WITHIN 10 DAYS.
The Court may change the conditions of probation or supervised release or extend the term of supervision, if less than the authorized maximum, at any time during the period of probation or supervise release. The Court may issue a warrant and revoke the original or any subsequent sentence for a violation occurring during the period of probation or supervised release.
IT IS FURTHER ORDERED that the Clerk of the Court deliver two certified copies of this judgment to the United States Marshal of this district.