Opinion
Case Number: 2:01CR00212-01.
November 20, 2001
MICHAEL E. MOYER, ESQ. Defendant's Attorney
THE DEFENDANT: ACCORDINGLY, Date Offense Count Title Section Nature of Offense Concluded Number(s) 18:1035 FALSE STATEMENTS RELATING TO HEALTH CARE 06/12/2000 1 MATTER
pleaded guilty to count(s) 1 ____________________________________________ pleaded nolo contendere to count(s) ____________________________________ which was accepted by the court. was found guilty on count(s) ___________________________________________ after a plea of not guilty. the court has adjudicated that the defendant is guilty of the following offense(s): The defendant is sentenced as provided in pages 2 through 9 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 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 Soc. See. No.: 211-44-1365 NOVEMBER 20, 2001 _________________________________ _______________________________________________________ Date of Imposition of Judgment Defendant's Date of Birth: MARCH 30, 1960 ______________________________________ Defendant's USM No.: 53623-066 _______________________________________ ____________________________________________________ Defendant's Residence Address: 2210 RANCH ROAD _________________________________________________________________ SLATINGTON, PA 18080 FRANKLIN S. VAN ANTWERPEN, U. S. DISTRICT JUDGE _________________________________________________________________ _______________________________________________________ _________________________________________________________________ NOVEMBER 20, 2001 _________________________________________________________________ _______________________________________________________ Defendant's Mailing Address: 2210 RANCH ROAD _________________________________________________________________ SLATINGTON, PA 18080 _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ IMPRISONMENT DEFENDANT: LISA TAIBI CASE NUMBER: 2:01CR00212-01 The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total total term of 10 MONTHS. RETURN The court makes the following recommendations to the Bureau of Prisons: THE COURT RECOMMENDS IMPRISONMENT AT A CAMP OR OTHER F.C.I. WITH MINIMUM SECURITY. 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: before 2 p.m. on MONDAY, JANUARY 7, 2002 ________________________ as notified by the United States Marshal. as notified by the Probation or Pretrial Services Office. I have executed this judgment as follows: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Defendant delivered on ____________________________________________ to _______________________ at ______________________________, with a certified copy of this judgment. _______________________________________ UNITED STATES MARSHAL By _______________________________________ DEPUTY UNITED STATES MARSHALADDITIONAL IMPRISONMENT TERMS
DEFENDANT SHALL RECEIVE CREDIT FOR ALL OFFICIAL TIME SERVED FOR THIS OFFENSE.SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term 3 YEARS.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.
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.
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 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 the Criminal Monetary Penalties sheet of this judgment.
The defendant shall comply with the standard conditions that have been adopted by this court (set forth below). The defendant shall also comply with the additional conditions on the attached page.
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.
ADDITIONAL SUPERVISED RELEASE TERMS
DEFENDANT SHALL SUBMIT FINANCIAL INFORMATION WHEN REQUESTED, AND SUBMIT TO CHEMICAL TESTING, COUNSELING, OR TREATMENT FOR CONTROLLED SUBSTANCES IF DEEMED NECESSARY BY THE PROBATION OFFICE. DEFENDANT SHALL NOT INCUR NEW DEBTS WITHOUT THE PRIOR APPROVAL OF THE PROBATION OFFICE. DEFENDANT SHALL NOT WORK AS A NURSE WITHOUT COURT PERMISSION.CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth on Sheet 5, Part B. Assessment Fine Restitution TOTALS $ 100.00 $ 0.00 $ 0.00 Amended Judgment in a Criminal Case 18 U.S.C. § 3664 Priority Order Total Amount of or Percentage Name of Pavee Amount of Loss Restitution Ordered of Pavment TOTALS 18 U.S.C. § 3612 18 U.S.C. § 3612 The determination of restitution is deferred until _____ An (AO 245C) will be entered after such determination. The defendant shall make restitution (including community restitution) to the following payees in the amount listed below. If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to (i), all nonfederal victims must be paid in full prior to the United States receiving payment. $ _______________ $ _______________ 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 (f). All of the payment options on Sheet 5, Part B may be subject to penalties for delinquency and default, pursuant to (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:100.00 A Lump sum payment of $ due immediately, balance due 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 years), 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 years), 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 Several Defendant Name, Case Number, and Joint and Several Amount: 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: 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, and (8) costs, including cost of prosecution and court costs: