Free Judgment in a Criminal Case - District Court of California - California

Case 3:08-cr-00425-CRB
AO 245B (Rev. 6/05 - Judgment in a Criminal Case

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United States District Court
Northern District of California

UNITED STATES OF AMERICA v. JANEY TAM

JUDGMENT IN A CRIMINAL CASE
USDC Case Number: CR-08-00443-001 USM Number:
Defendant's Attorney : Garrick Lew

CRB BOP Case Number: DCAN308CR000425-001

THE DEFENDANT:
[x] [] [] pleaded guilty to count(s): One of the Information . which was accepted by the court. pleaded nolo contendere to count(s) after a plea of not guilty. was found guilty on count(s)

The defendant is adjudicated guilty of these offense(s): Offense Ended June 30, 2005

Title & Section 8 U.S.C. § 1324(a)(1)(A(iii)

Nature of Offense Alien Harboring

Count One

The defendant is sentenced as provided in pages 2 through 5 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 must 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 must notify the court and United States attorney of any material changes in economic circumstances. July 9, 2008 Date of Imposition of Judgment

Signature of Judicial Officer Honorable Charles R. Breyer, U. S. District Judge Name & Title of Judicial Officer July 10, 2008 Date

Case 3:08-cr-00425-CRB DEFENDANT: CASE NUMBER:

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AO 245B (Rev. 12/03) (CAND Rev. 3/07) Judgment in a Criminal Case - Probation

JANEY TAM CR-08-00425-001 CRB

PROBATION
The defendant is hereby sentenced to probation for a term of three (3) years .

The defendant shall not commit another federal, state, or local crime. The defendant shall not unlawfully possess a controlled substance. 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 two periodic drug tests thereafter. [x] The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check if applicable.) The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check if applicable.) The defendant shall cooperate in the collection of DNA as direct as directed by the probation officer. (Check if applicable.) The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as direct by the probation officer. (Check if applicable.) The defendant shall participate in an approved program for domestic violence. (Check if applicable.)

[x]

[x] []

[]

If this judgment imposes a fine or restitution, it is a condition of probation that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant must comply with the standard conditions that have been adopted by this court as well with any additional conditions in this judgment. Any appearance bond filed on behalf of the defendant is hereby exonerated.

STANDARD CONDITIONS
1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) The defendant shall not leave the judicial district without permission of the court or probation officer; 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; The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; The defendant shall support his or her dependants and meet other family responsibilities; The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; The defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 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; The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 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; 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; The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 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; and 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

Case 3:08-cr-00425-CRB DEFENDANT: CASE NUMBER:

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AO 245B (Rev. 12/03) (CAND Rev. 3/07) Judgment in a Criminal Case - Probation

JANEY TAM CR-08-00425-001 CRB

SPECIAL CONDITIONS OF PROBATION

1) The defendant shall pay any special assessment that is imposed by this judgment and that remains unpaid at the commencement of the term of probation. 2) The defendant shall not have contact with any co-defendant in docket nos. CR-04-357, CR-05-0395, CR-050447, CR-05-613, CR-06-0192, CR­08-0288CRB and CR-08-0433CRB. 3) The defendant shall not have any ownership interest in, or employment with, any message parlor, either directly or indirectly. 4) The defendant shall participate in the Home Confinement with Electronic Monitoring Program and shall abide by all the requirements of the program for a period of six (6)months. The defendant shall pay the cost of monitoring at the prevailing rate unless it is determined by the probation officer that she has an inability to pay. A co-payment amount will then be determined by the probation officer. The defendant is restricted to her residence at all times except for activities which have been pre-approved by the probation officer, including employment, education, religious services, medical, substance abuse, or mental health treatment, attorney visits, court appearances, or court ordered obligations. During the term of home confinement, the defendant shall abstain from the use of alcohol and submit to drug or alcohol testing as directed by the probation officer. Home confinement is hereby stayed until October 01, 2008. 5) The defendant shall submit her person, residence, office, vehicle, or any property under her control to a search. Such a search shall be conducted by a United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to submit to such a search may be grounds for revocation; the defendant shall warn any residents that the premises may be subject to searches.

Case 3:08-cr-00425-CRB DEFENDANT: CASE NUMBER:

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AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments

JANEY TAM CR-08-00425-001 CRB

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment Fine Restitution Totals: $ 100.00 $ waived $ -0-

[ ] The determination of restitution is deferred until will be entered after such determination.

. An Amended Judgment in a Criminal Case (AO 245C)

[ ] 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 proportional payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid.

Name of Payee

Total Loss*

Restitution Ordered

Priority or Percentage

Totals:

$

$

[ ] Restitution amount ordered pursuant to plea agreement $ [ ] The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine 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 6, 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 [ ] the interest requirement for the [ ] fine [ ] fine [ ] restitution.

[ ] restitution is modified as follows:

* 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.

Case 3:08-cr-00425-CRB DEFENDANT: CASE NUMBER:

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AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments

JANEY TAM CR-08-00425-001 CRB

SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: A [x] Lump sum payment of $100.00 due immediately. [ ] not later than , or [ ] in accordance with ( ) C, ( ) D, ( ) E or ( ) F below; or [ ] Payment to begin immediately (may be combined with ( ) C, ( ) D, or ( ) F below); or [ ] Payment in equal (e.g. weekly, monthly, quarterly) installments of $ over a period of or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or (e.g., months

B C

D

[ ] Payment in equal (e.g. 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 [ ] Payment during the term of supervised release will commence within (e,g, 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or [ ] Special instructions regarding the payment of criminal monetary penalties:

E

F

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during 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. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. [ ] Joint and Several Defendant and codefendant Names Case Numbers (including defendant number) Total Amount Joint and Several Amount Corresponding Payee (if appropriate)

[ ] The defendant shall pay the cost of prosecution. [ ] The defendant shall pay the following court cost(s): [x ] The defendant shall forfeit the defendant's interest in the following property to the United States: $72,427.00 in U.S. Currency.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.