Opinion
Case Number: 03CR1950-BTM.
September 20, 2005
MICHAEL L. CROWLEY, Defendant's Attorney.
CORRECTED JUDGMENT IN A CRIMINAL CASE
REGISTRATION NO. 21591112
THE DEFENDANT:
X pleaded guilty to count(s) one and two of the information. was found guilty on count(s) _________________________________________________________________ after a plea of not guilty.
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):
Count Title Section Nature of Offense Number(s)26 USC 7201 Evasion of Individual Income Taxes 1, 2
The defendant is sentenced as provided in pages 2 through 4 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) _______________________________________________________
The remaining counts are dismissed on the motion of the United States.
x Assessment: $200.00 payable at $10.00 per month through the Inmate Financial Responsibility Program.
X Fine ordered waived.
IT IS 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.
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of twenty-four (24) months as to counts 1 and 2 concurrent and concurrent to the sentence in Southern California case 01CR1415-BTM.X The court makes the following recommendations to the Bureau of Prisons:
THAT THE DEFENDANT PARTICIPATE IN THE 500 HOUR DRUG PROGRAM.
THAT THE DEFENDANT SERVE HIS SENTENCE IN SOUTHERN CALIFORNIA AT TERMINAL ISLAND.
The defendant is remanded to the custody of the United States Marshal.
The defendant shall surrender to the United States Marshal for this district:
at ____________ a.m. p.m. on __________________________.
as notified by the United States Marshal.
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
by 12:00 noon on or to this court by 2:00 p.m.
as notified by the United States Marshal.
as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on ________________________________ to _______________________________ at ___________________________, with a certified copy of this judgment.
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of three (3) years as to counts 1 and 2 concurrent and concurrent to the supervised release in Southern California case 01CR1415-BTM.MANDATORY CONDITIONS
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 unless removed from the United States.
The defendant shall not commit another federal, state or local crime.
The defendant shall not illegally possess a controlled substance.
For offenses committed on or after September 13, 1994:
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, unless defendant is removed from the United States.
The defendant shall not possess a firearm, destructive device, or any other dangerous weapon.
If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.
The defendant shall comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.
STANDARD CONDITIONS OF SUPERVISION
1) the defendant shall not leave the judicial district without the 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 dependents 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;
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 SUPERVISION
X Submit to a search of person, property, residence, abode or vehicle, at a reasonable time and in a reasonable manner, by the probation officer.X Not possess firearms, explosive devices, or other dangerous weapons.
X Not possess any narcotic drug or controlled substance without a lawful medical prescription.
X Report all vehicles owned or operated, or in which you have an interest, to the probation officer.
X Participate in a program of drug or alcohol abuse treatment including urinalysis testing and counseling, with at least 1 to 8 tests per month and 1 to 8 counseling sessions per month as directed by the probation officer.
X Provide complete disclosure of all personal and business financial records to the probation officer when requested.
____ Be prohibited from opening checking accounts or incurring new credit charges or opening additional lines of credit without approval of the Probation Officer.
____ Reside in a community treatment/corrections center for a period of ____ days commencing ____________.
X Cooperate as directed in the collection of a DNA sample.
X Not engage in the employment or profession involving a fiduciary capacity or telemarketing or sales or marketing unless approved by the probation office.
X Maintain full-time employment or education or a combination of both.
X Not make claims for tax refunds for tax returns for years referred to in section XI.E.7 of the plea agreement. Make reasonable efforts to pay taxes due. Notify the collection division of any interest in property received or obtained or before transferring any property. Make reasonable efforts to pay regulatory agency judgments.