Free Order - District Court of Connecticut - Connecticut

I I I Case 3:03-cr-00152-PCD Document 88 Filed 05/17/2005 Page 1 of 4
I UNITED STATES DISTRICT COURT .
oistaict oi= connecticut F I LIE I3
I lin l`I 3 12 Fil ill? I
UNITED STATES OF AMERICA ) I I II_III_ In I g- I
vs. I Criminalililgi.
MICHAEL J. MAZZARIELLO I I
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I ORDER ARTICULATING REQUIREMENTS OF SPECIAL CONDITION OF
PROBATION FOR HALFWAY HOUSE PLACEMENT

The above-named, after pleading guilty to Mail Fraud and Conspiracy to Defraud I
the Internal Revenue Service, in violation of 18 U.S.C. § 1341 and 18 U.S.C. § 371,
respectively, appeared before the Honorable Peter C. Dorsey, Senior United States District
. I Judge, on April 7, 2005 for sentencing. Michael J. Mazzariello was sentenced to five years I
I probation on each count, with the following special conditions: (1 ) the defendant shall serve
I intermittent community confinement, on weekends, for the first twelve months of his
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I probation; (2) after completion of the halfway house placement, the defendant shall serve
I six months in home confinement, to be monitored electronically; (3) the defendant shall
perform community service for a period of three hours per week for two years , for a total I
of 300 hours; (4) The defendant shall obtain and maintain full-time employment; (5) the
I defendant shall provide periodic financial statements and tax returns to the U.S. Probation
I Officer; and (6) the defendant shall make a conscientious effort to resolve all tax liabilities I
and shall not obtain or arrange any new credit without prior permission from the U.S.
Probation Officer.
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I . Case 3:03-cr-00152-PCD Document 88 Filed 05/17/2005 Page 2 of I
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The defendants intermittent community confinement shall commence at 6:00 p.m.
each Friday evening and shall end at 6:00 p.m. each Sunday evening, each weekend for
twelve consecutive months. While serving intermittent community confinement, the I
I defendant shall be permitted to leave in the case of a family emergency involving the
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I health and welfare of his children. While sewing intermittent community confinement, the ;
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I defendant shall be permitted possession and access to his personal motor vehicle. 5
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I IT IS SO ORDERED.
j Signed and Dated at New Haven, Connecticut, this / day of May, 2005.
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I The Honoratile Peter C. Dorsey! I
| Senior United States District Judge I
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I _ . Case 3:03-cr-00152-PCD Document 88 Filed 05/17/2005 Page 3 of 4
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UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JUDGMENT IN A CRIMINAL CASE
UNITED STATES OF AMERICA
V. CASE NO. 3Z03CR00152 (PCD) ;
MICHAEL J. MAZZARIELLO Anastasia M. Enos , AUSA ·
22 Deer Hill Road U.S. Attorney's Office I
Hamden, CT 06518 David T. Grudberg, Esg. I
Defendant's Attorney I
The defendant pled guilty to counts 1 & 7 after a plea of not guilty. Accordingly, the defendant ls adjudged guilty of counts
1 & 7, which involve the following offenses:
Title 8. Section: Title 18, U.S.C. Section 1341 Count: 1
Nature of Offense: Mail Fraud I
Title 8. Section: Title 18, U.S.C. Section 371 Count: 7
Nature of Offense: Conspiracy to Defraud the Internal Revenue Service I
Date Offense Concluded: 01/01
The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
The Court departs downward from the Guidelines. The sentence imposed is based on a finding of a Sentencing Guideline I
level of 16, Category I as per the Pre-sentence Report, with a departure to level 10 based on extraordinary family
dependence primarily in the form of defendant's son's illness requiring defendant’s physical and moral support, his
daughter's physical condition, the departure of his conduct from his life and moral propriety, not adequately considered by
the Commission (5R2.0) the 4 year pending of this matter with its psychological effect on him, his civic activities, in
combination and as thus compliant with § 5B1.1(a)(2). In the alternative, if not permitted as a guideline sentence, the
same sentence would be imposed as a non-guideline sentence.
The defendant shall be placed on probation for a term of 5 years for each Count. Sentence on Counts 1 & 7 shall run
concurrent with each other. Special Conditions include: The defendant is sentenced, intermittently to community
confinement (Halfway House), on weekends, for the first 12 months of his Probation. After completion of community 4
confinement (Halfway House), defendant is confined to his home for a period of 6 months with electronic monitoring and
I shall pay the costs of electronic monitoring at the approval of the U.S. Probation Office (USPO); during the period of house
arrest the defendant shall be home at all times except for employment, religious obligations, medical attention, and ]
community service; shall perform community service for a period of 3 hours per week for 2 years for a total of 300 hours; .
shall obtain and maintain full employment; shall provide periodic financial statement and tax returns to USPO; shall make a
conscientious effort to resolve all tax liabilities and shall not obtain or arrange any new credit without prior permission from -
usi=·0.
Defendant shall pay half of the restitution of $370,28100, one quarter to be paid within 60 days, and the remainder I
` payable at the rate of $600.00 per month.
It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change I
of name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment l
are fully paid.
I In addition to the special conditions of probation imposed above, it is hereby ordered that the conditions of probation set
out on the reverse side are imposed. I
I It is ordered that the defendant shall pay a Special Assessment of $200.00, for counts 1 & 7 which shall be due j
Immediately.
I Agrll 1, zone I
I Date of Im position of Sentence I
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Peter C. Dorsey, United States District Judge I
Date: April 11, 2005
CERTIFIED AS A TRUE COPY I
ON THIS DATE
Kevin F. Rowe, Clerk
BY:
Deputy CIerk .
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l Case 3:03-cr-00152-PCD Document 88 Filed 05/17/2005 Page 4 of 4
CONDITIONS OF PROBATION .
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In addltlon to the Standard Conditions listed below, the following indic ted (I) Mandatory Conditions are imposed:
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MANDATORY CONDITIONS
I (l) The defendant shall not commit another federal, state or local offense; I
lj (2) For a felony, the defendant_shal_l (A) maize restitution, (B) give notice to victims of the offense pursuant to 18 U.S.C. section 3555, or ©) i
reside or refrain from residing, m_a spcc1fied place or area, unless the court finds on the record that extraordinary circumstances exist that l
woduldlngagcssach a ppnditggrggpinly unreasonable, in which event the court shall impose one or more of the discretionary conditions set forth l
un er . . . scc non ;
El (3) The defendant shall not unlawfully possess a controlled substance;
El (4) For a domestic violence crime as defined in 18 U.S.C. section 356 l(b) by a defendant convicted of such an offense for the first time, the
defendant shall attend a pu_bl1c, private, or non-profit offender rehabilitation program that has been approved by the court, in consultation i
with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is available within a 50-mile radius of `
the legal residence ofthe defendant; -
El (5) The defendant shall refrain from any unlawful use ofa controlled substance and submit to one drug test within 15 days of release on l
probation and at least two periodic drug tests thereafter for use of a controlled substance;
- (6) The defendant shall (A) make restitution in accordance with l8 U.S.C. sections 2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and (B) I
pay the assessment imposed in accordance with 18 U.S.C. section 30l3; !
. (7) Th_e_defendant shall notify the court of any material change in the dcfcndant's economic circumstances that might affect the dcfcndant's
ability to pay restitution, fines or special assessments; I
I3 (8) If the court has imposed a fine, the defendant shall pay the fine or adhere to a court-established payment schedule; ,
III (9) A defendant convicted ofa sexual offense as described in lll U.S.C. sections 4042(c)(4) shall report the address where the defendant will
reside and any subsequent change 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.
Cl (10) The defendant cooperate in the collection ofa DNA sample from the defendant.
While on probation, the defendant also shall comply with all of the following Standard Conditions: l
STANDARD CONDITIONS l
gl) The defendant shall not leave the judicial district or other specified geographic area without the permission ofthe court or probation officer;
2 The defendant shall report to the probation officer as directed bythe court or probation officer and shall submit a truthful and complete ~
written report within t c first five days of each month; t
g3) The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions ofthe probation officer; ;
4 The defendant shall support the dcfcndant's dependents and meet other family responsibilities (including, but not limited to, complying with
the terms of anyjcourt order or administrative process pursuant to the law of a state, the District of Columbia, or any other possession or i
territory of tldle Edsel Sttatcs requiring payments by the defendant for the support and maintenance of any child or ofa child and the parent i
wit w om t e c i is iving); g
(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 of residence or employment;_ _
'l' The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled
substance, or ang paraphernalia related to any controlled substance, except as prescribed by a physician; _ _
(8) The dicfgnldant s all not frequent places where controlled substances are tllega ly sold, used, distributed, or administered, or other places
s eci ic the court;
(9) ’lPl1e dcfendiint shall not associate with any persons enigagcd in criminal activity, and shall not associate with any person convicted ofa felony l
unless granted permission to do so by thdlprobation o icer; _ _ I
(I0) The de endant shalldpermit a probation o icer to visit the defendant at any time at home or elsewhere and shall permit confiscation of any
contraband observe in plain view by the probation officer; _ _ l
ll The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;_ _ i
I2 Thchdefcndant shall not enter into any agreement to act as an informer or a specia agent ofa law enforcement agency without the permission \
of t court;
(I3) The defendant shall pay thc special assessment imposed or adhere to a court-ordered installment schedule for the payment ofthe special
assessment. l
RETURN l
I have executed this judgment as follows: a
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Defendant delivered on _____ ______________________t0 ____ ________________,____________ l
at_______________'___ _____ _ _____ , with a certified copy of this judgment.
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I i5tTtE=Tia§Y1EE""'""""_
United States Marshal
By=_______-_---....--
Deputy Marshal
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