Free Judgment - District Court of Connecticut - Connecticut

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e DISTRICT OF CONNECTICUT
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JUDGM ENT pl\L%mlNAL CASE
UNITED STATES OF AMERICA
v. CASE NO. 3:%’0Q?|%Eg1l,J§HlD l2: OQ
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GARY R. AGNEW Maria A. Kahn,§%s®i\s§aiRt[l,Jp$;[§§1@€i'rney ·
Fit:-`;lDGtlP0l;tT. CL. · T l
Cheryl E. Heffernan(retained)
Defendant's Attorney

The defendant was found guilty on counts ONE through and Including SIXTEEN of an indictment after a plea of Q
not guilty. Accordingly, the defendant is adjudged guilty of counts one through and including sixteen, which :
involve the following offenses:
Title 8. Section: 18:1341 Count: 1,2,3,4,5,6,7,B,9,10,11,12,13,14,15
Nature of Offense: Mail Fraud I
Date Offense Conoluded: 3i'30I04 \
Title & Section: 18:1920 Count: 16
Nature of Offense: Fraud to Obtain Federal Employees’ Compensation \
Date Offense Concluded: 3l30l04 i
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The sentence is imposed pursuant to the Sentencing Reform Act of 1984. t
The defendant is hereby committed to the custody of the United States Attorney General or his duly authorized A
representative to be imprisoned for a term of: 21 months each on counts one through and including count j l
sixteen of the indictment. The sentences on counts two through sixteen shall run concurrent to count one and to A
each other for a total sentence of 21 months. Upon release from custody, the defendant shall be on supervised A
release for a term of 3 years on counts one through sixteen to run concurrent. In addition to the Standard
Conditions of Supervised Release, the following Special Conditions of Supervised Release are imposed: The i
defendant shall participate in a mental health treatment program as approved of by the probation officer. The
defendant shall pay all, or a portion of, the costs associated with the treatment based upon his ability to pay, in
an amount to be determined by the probation officer. The defendant shall pay Restitution in the amount of i
$84,403.00 at the rate of $50.00 month as set forth in the separate Order of Restitution to be filed. Interest on the
Restitution is waived. The defendant shall authorize release to the U.S. Probation Office of any and all financial
informationlrecords, including state and federal income tax returns, by execution of a release of financial {
information form, or by any other appropriate means, as directed by the probation officer. The court recommends i
to the Bureau of Prisons: The defendant shall be incarcerated at a facility as close as possible to Connecticut. i
The defendant shall voluntarily surrender no later than noon on March 15, 2005 to the U.S. Marshal for this district §
at Bridgeport, Connecticut unless otherwise notified.
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 i
are fully paid.
ln addition to the special conditions of supervised release imposed above, it is hereby ordered that the conditions of
supervised release set out on the reverse side are imposed.
It is ordered that the defendant shall pay a Special Assessment of $100.00 each, for counts one through sixteen, A
for a total assessment of $1,600.00, which shall be due immediately. ‘ l
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December 6, 2004 g
[Da of imposition of Sentence I
/lénet C. Hall, United'States District Judge A N
Date: December 14, 2004
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CERTIFIED AS A TRUE E
ON THIS DA Tg-Ease 3:(?3q€IKO0241-JCH Document 89 Filed 12/06/2004 Page 2 of 3 I
Kevin F. Rowe, Clark I
BY: \
Deputy CIerk I
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Case 3:03-cr-00241-JCH Document 89 Filed 12/06/2004 Page 3 of 3 t
CONDITIONS OF SUPERVISED RELEASE
In addition to the Standard Conditions listed below, tlte following indicated (I) Mandatory Conditions are imposed: l
MANDATORY CONDITIONS `
El (I) The defendant shall not commit another federal, state or local offense; .
lj (2) The defendant shall not unlawfully possess a controlled substance; ‘
C] (3) The defendant who is convicted for a domesti_c violence crime as defined in IS U.S.C. section 356] (b) for the _first t_ime shall attend a public, -
private, or private non-profit offender rehabilitation program that has been approved by the court, _1n consultation with a State Coalition · I
hlgactngt lgomestrc Violence or other appropriate experts, tf an approved program is available within a 50—mrle radius of the legal residence of - t
t e e en ant; . I
El (4) The defendant shall refrain from any unlawful use of a controlled substance and submit to one drug test within I5 days of release on .
supervised release and at least two periodic drug tests thereafter for use of a controlled substance;
El (5) atfgrne is imposed and has not been paid upon release to supervised release, the defendant shall adhere to an installment schedule to pay ;
a me; :
Cl (6) The defendant shall_(A) make restitution in accordance with IS U.S.C. sections 2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and (B) `
pay the assessment imposed in accordance with 18 U.S.C. section 30l 3; r ,
Cl (7) A defendant convicted of a sexual offense as described in IS U.S.C. sections 4t)42(c)(4) shall_ report the address_where the defendant will n
reside and any subsequentchange of residence to the probation officer responsible for supervision, and shall register as a sex offender in any _
State where t e person resides, is employed, carries on a vocation or is a student.
El (8) The defendant cooperate in the collection of a DNA sample from the defendant. , I
While on supervised release, the defendant shall also comply with all of the following Standard Conditions: l
STANDARD CONDITIONS
(lt The defendant shall not leave thejudicial district or other specified geographic area without the permission ofthe court or probation ofticer; I i
2 The defendant shall report tothe probation officer as directed by the court or probation officer and shall submit a truthful and complete -
written report within t e first five days of each month; _ _ .
t3; The defendant shall answer truthfully all inquiries bythe probation officer and follow the lnstructions ofthe probation officer; Q
4 The defendant shall support the defendantis dependents and meet other family responsrbilrtres (including, but not limited to, complying with Q '
thc terms ofanylilcourt order or administrative process pursuant to the law ofa state, the District ofCo|umlJra, or any other possession or _
terrlrtory of th1e ttitgd ntates requiring payments by the defendant for the support and maintenance of any child or of a child and the parent -
wrt w omt ec: is rvm ·
(5) The defendant shall work regularly at a lawful occupation unless excused bythe probation officer for schooling, training, or other acceptable ,
reasons
tot The defendant shall notify the probation officer at least ten days prior to any change of residence oremployment; _ '
7 The defendant shall refrain from excessive use of alcohol and shall not purchase, possess use, distribute, or administer any controlled
substance, or any haraphernaha related to any controlled substance, except as prescribed by a (Physician _ _
(8) The dfefgntdahit s a I not frequent places where controlled substances are tllega ly sold, used, tstrtbutedi, or administered, or other places _
secsie ecour; _ _ _ _ __ _ _ _ -
(9) flue defendhnt shall not associate with any persons engaged in crtmmal activity, and shall not associate with any person convicted of a felony _
unless granted permission to do so by thehprobatton o rcer· _ _ _ ‘
(I0) The de endant shall dpcrmrta probation o acer to visit the defendant at any time at home or elsewhere and shall permit confiscation of any
contraband observe in plain view by the pirobatton officer; _ _ t
tl ll The defendant shall notify the_proba 1on o 1cer within seventy·tw0 hours of being arrested or questioned by a law enforcement officer; 2
I2 Tltehdefenctant shall not enter into any agreement to act as an tnformer or a specta agent of a law enforcement agency without the permission
o t e cour ;
(I3) The defendant shall pay the s ecial assessment imposed or adhere to a court-ordered installment schedule for the a ment of the s ecial
assessmenr p p y P
(I4) The defendant shall notify the probation officer of any matertal change in_the defendant’s economic circumstances that might affect the `
defendant's ability to pay any unpaid amount of restt utton, fines, or special assessments. -
The defendant shall also report t0 the Probation Office in the district to which the defendant is released within 72 hours ol` release l'rorn the ‘
custody ofthe U.S. Bureau of Prisons. g
RETURN
I have executed thisjudgment as follows:
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Defendant delivered on to
at_ , with a certified copy of this judgment.
Ehn F. Bardelli
United States Marshal =
Byzw - r
Deputy Marshal t