Opinion
Case Number: 03-0181 EMC
January 7, 2004
Douglas L. Rappaport/Michelle M. Thomson, for Defendant
JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987)
THE DEFENDANT:
[x] pleaded guilty to count(s): one of the Information. pleaded nolo contendere to count(s) ___ which was accepted by the court.
was found guilty on count(s) ___ after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Title Section Nature of Offense Date Offense Concluded Count Number(s) 36 C.F.R. § 4.23
(a) Driving Under the Influence of Alcohol 5/10/03 1 The defendant is sentenced as provided in pages 2 through _7_ 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) ___.
[x] Count(s) 1 and 3 of the Information (are) dismissed on the motion of the United States.
IT IS FURTHER ORDERED that the defendant shall 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 shall notify the court and United States attorney of any material change in the defendant's economic circumstances.
Defendant's Residence Address: 767 Bryant St., #405 San Francisco, CA 94107
Defendant's Mailing Address: 767 Bryant St., #405 San Francisco, CA 94107
PROBATION The defendant is hereby placed on probation for a term ofthree (3) years.
While on probation you shall not commit another federal, state, or local crime and shall not illegally possess a controlled substance. Revocation of probation is mandatory for possession of a controlled substance.You shall pay the assessment imposed in accordance with 18 U.S.C. § 3013, and shall immediately notify the probation officer of any change in your economic circumstances that might affect your ability to pay a special assessment, fine, restitution, or co-payments ordered by the Court
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 at least 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.
[ ] The defendant shall not possess a firearm, destructive device, or any other dangerous weapon.
If the judgment imposed a fine or a restitution obligation, it shall be a condition of supervision that you pay any such fine or restitution that remains unpaid at the commencement of the term of supervision in accordance with any Schedule of Payments set forth in the Criminal Monetary Penalties sheet of the judgment. In any case, the defendant shall cooperate with the probation officer in meeting any financial obligations.
Revocation of probation is mandatory for refusal to comply with drug testing imposed as a condition of supervision. 18 U.S.C. § 3565(b)(3) and 3583(g)(3)
STANDARD CONDITIONS OF PROBATION
It is the order of the Court that the defendant shall comply with the following standard conditions:
1) The defendant shall not leave the judicial district or other specified geographical area without permission of the Court or the probation officer;
2) The defendant shall report to the probation officer as directed by the Court or 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, including but not limited to, compliance with the terms of any court order or administrative process pursuant to the laws of a state, the District of Columbia, or any other possession or territory of the United States, requiring payments by the defendant for the support and maintenance of any child or of a child and the parent with whom the child is living;
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 (10) days prior to any change in residence or employment;
7) The defendant shall consume no alcohol if sentenced to the special condition that the defendant is to participate in a drug/alcohol program;
8) 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 substance, except as prescribed by a physician;
9) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
10) 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;
11) The defendant shall permit a probation officer to visit the defendant at any time at home or elsewhere, and shall permit confiscation of any contraband observed in plain view by the probation officer;
12) The defendant shall notify the probation officer within seventy-two (72) hours of being arrested or questioned by a law enforcement officer; and
13) 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.
SPECIAL CONDITIONS OF PROBATION
1) The defendant shall pay any fine and special assessment imposed by this judgment that remains unpaid at the commencement of supervision, as directed by the probation officer.2) The defendant's driving privileges shall be restricted for a period of 90 days, to run concurrently with any restrictions that are previously imposed by the California Department of Motor Vehicles as a result of this offense.
3) The defendant shall participate in and successfully complete a state mandated First Offender DUI Program as directed by Probation Officer.
4) The defendant shall maintain and provide proof of financial responsibility with the California Department of Motor Vehicles and with the probation officer during the term of supervision, at the direction of the probation officer.
5) The defendant shall not operate a motor vehicle with any measurable amount of alcohol in his blood.
6) The defendant shall pay a fine in the amount of $1,000 to the United States, which shall be due immediately and paid in installments as directed by the Probation Officer. At the discretion of the probation officer, and based upon the defendant's ability to pay, the defendant may perform 143 hours of community service in lieu of his fine.
7) The defendant shall pay to the United states a special assessment of $10 which shall be due immediately.
8) The defendant may travel outside of the jurisdiction of the Northern District of California, to include both foreign and domestic travel, without prior authorization of the Court or the United States Probation Office as long as the defendant is in compliance with the terms and conditions of probation and provides prior notification to the probation officer.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments directly following the Monetary Penalties section.Assessment Fine Restitution Totals: $10 $1,000 $-0- [ ] The determination of restitution is deferred until ___. An Amended Judgment in a Criminal Case (A0 245C) will be entered after such determination.[ ] The defendant shall make restitution (including community restitution) to the following payees in the amounts listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid in full prior to the United States receiving payment. Name of Payee Amount of Loss Restitution Ordered Percentage of Payment Totals:
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996. Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine interest, (7) penalties, (8) costs, including cost of prosecution and court costs.
[ ] If applicable, restitution amount ordered pursuant to plea agreement $___
[ ] The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 5, Part B may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
[ ] The court determined that the defendant does not have the ability to pay interest, and it is ordered that:
[ ] the interest requirement is waived for the [ ] fine and/or [ ] restitution.
[ ] the interest requirement for the [ ] fine and/or [ ] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:A [x] Lump sum payments of $10 and $500 due immediately, or payable pursuant to above
[ ] not later than ___, or
[ ] in accordance with ( ) C, ( ) D, or ( ) E below; or
B [ ] Payment to begin immediately (may be combined with ( ) C, ( ) D, or ( ) E below); or
C [ ] Payment in ___ (e.g. equal, weekly, monthly, quarterly) installments of $___ over a period of ___ (e.g., months or year(s)), to commence ___ (e.g., 30 or 60 days) after the date of this judgment; or
D [ ] Payment in ___ (e.g. equal, weekly, monthly, quarterly) installments of $___ over a period of ___ (e.g., months or year(s)), to commence ___ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or
E [ ] Special instructions regarding the payment of criminal monetary penalties:
Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of 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, unless otherwise directed by the court, the probation officer, or the United States attorney.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[ ] Joint and SeveralCase Number Joint and Several including Defendant Defendant Name Amount Number
( ) [ ] The defendant shall pay the cost of prosecution.[ ] The defendant shall pay the following court cost(s):
[ ] The defendant shall forfeit the defendant's interest in the following property to the United States: