United States v. Patel

1:15-cr-10168 | D. Mass. | Jan 17, 2017

Case 1:15-cr-10168-LTS Document 65 Filed 01/17/17 Page 1 of 6 AO 2453 (Rev. 10/15) Judgnient in a Criminal Case Sheet 1 UNiTED STATES DisTRiCT COURT District of l\/§assachusetts UNITED STATES OF AMERICA ) AMENDED JUDGMENT IN A cRiMiNAL cAsE v. ) § case Number= 1: is CR 10168 - 1 - LTs llaml c %l/\ ?ai' ¢l- § USM Number; 97058-038 ) Mark T. Knights ) Defcndant’s Attorney 'I`HE DEFENDANT: m pleaded guilty to count(s) 1'3 l:l pleaded nolo contendere to count(s) which was accepted by the court. lj was found guilty on count(s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title & Section Nature of Ol'fense Ofi`ense Ended Count 18 U.S.C.§103U(a)(5) Intentionally Causing Damage without Auth. to a Protected Computer 10/21/10 l 18 U.S.C.§lOZS(a)(']) Intentionally Causing Damage without Auth. to a Protected Computer 10/18/1(] 2 13 U_S_C_§l()g,()(a)(§) ' Intentionally Causing Daniap,e without Auth. to a Protected Computer 02/01/'1 1 3 The defendant is sentenced as provided in pages 2 through of this judgment The sentence is imposed pursuant to the Sentencing Reform Act of 1984. I:l The defendant has been found not guilty on count(s) [:l Count(s) l:| is l:| are dismissed on the motion of the United States. _ ' It is ordered t_hat the defendant _must notify the Uni_ted States attorney for this district within 30 days of any change ofname, residence, or mailing address until_all fines, restitution,.costs, and special assessments imposed by this judgment are fu ly paid. lf ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances 11122/20'16 Datc oflmposition of Judgnient if/ ‘FQ'%)Z Signatur?. of.ludge The Honorable Leo T. Sorokin Judge, U.S. District Court Name and Tille of Judgc »_)/;¢/i. ,)1/72£9;7 Datc v Case 1:15-cr-10168-LTS Document 65 Filed 01/17/17 Page 2 of 6 AO 245B (Rev. lOllS) Judgment in Criminal Case Sheet 2 - Imprisonment Judgment _ Page 2 of ‘l DEFENDANT: KAMLESH PATEL CASENUMBER: l: 15 CR 10168 - 1 - LTS IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 24 daV(S) to be served intermittently on the weekends with one day of credit accruing for each calendar day, or portion thereof. during which defendant is in custody l:l The court makes the following recommendations to the Bureau of Prisons: l:l The defendant is remanded to the custody of the United States Marshal. l:l The defendant shall surrender to the United States Marshal for this distrith l:l at l:l a.m. l:l p.m. on l:l as notified by the United States Marshal. Zl The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: l:l before 2 p.m. on l:] as notified by the United States Marshal. lzl as notified by the Probation or Preh'ial Services Office. RETURN I have executed this judgment as follows: Defendant delivered on to a , with a certified copy of this judgment UNITED STATES MARSHAL BY DEPUTY UNlTED STATES MARSHAL AOMB (Rev_ lowJudgrg§§sneiér:h%££lcc;-sétOl68-LTS Document 65 Fl|ed 01/17/17 Page 3 of 6 Shcct 4-Probati0n ______________3___…¢“'1_ DEFENDANT: CASE NUMBER; 1: 15 CR 10168 - 1 - LTS PROBATION The defendant is hereby sentenced to probation for a term of : 5 year(s) 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 an unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and at east two periodic drug tests thereafter, as determined by the court. |:| The above drug testing condition is suspended, based on the court’s determination that the defendant poses a low risk of future $ubeanCe abuSB. (Check, tfapplicable.) [l The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, ifapplicable.) l:l The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, i;fapplimble.) [:] The_defendant shall comply with the re uirements of_ the Sex Offender Registration and_Noti_tication Act_ (42 l_,I.S.C. § 16901, et seq.) as directed b the robation officer, the ureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a s den , or was convicted of a qualifying offense. (Checlt yapplicable.) Cl The defendant shall participate in an approved program for domestic violence. (Check, ifapp!icable.) If this jud merit imposes a fine or restitution, it is a condition of probation that the defendant pay in accordance with the Schedule of Payments sheet of is judgment The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page. STANDARD CONDITIONS OF SUPERVISION l) 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 in a manner and frequency directed by the court or probation officer; 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 rehain from excessive use of alcohol and shall not purchase, possess, use, disti’il_)u_te, 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 en ag_ed in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the pro ation officer; 10) the defendant shall permit a_ probation officer to yisit 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; l l) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement ofticer', 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; and 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 ersona _ history or characteristics and shall permit the probation officer to make such notihcations and to confirm the defendant s compliance with such notification requirement AOMB (Rev_lons)]udg(l§ng\s§ ajértn§;§rC-épMS-LTS Document 65 Filed 01/17/17 Page 4 of 6 Sheet 4A _ Probation Judgment-Pagc z of l DEFENDANT: CASENUMBER: 1215 CR 10168 - 1 - LTS ADDITIONAL PROBATION TERMS incarceration to be served intermittently on the weekends for 2 months 12 months home detention enforced by probation as they see tit 1. The defendant shall not commit another federal. state. or local crime, and shall not illegally possess a controlled substance. 2. Drug testing conditions are suspended based on the Court’s determination that the defendant poses a low risk of future substance abuse. 3. The defendant shall submit to the collection of a DNA sample as directed by the Probation Cftice. 4. The defendant shall comply with the standard conditions that have been adopted by the Court which are described at USSG §501.3(0) and will be set forth in detail on thejudgment. 5. The defendant is prohibited from possessing a tirearm, destructive devicel or other dangerous weapon. 6. The defendant is to pay the balance of any fine or restitution imposed according to a court-ordered repayment schedule. 7. The defendant is prohibited from incurring new credit charges or opening additional lines of credit without the approval of the Probation Ofi`ice while any financial obligations remain outstanding 8. The defendant is to provide the Probation Oflice access to any requested financial information, which may be shared with the Financia| Litigation Unit of the U.S. Attorney’s Of'iice. Case 1:15-cr-10l68-LTS Document 65 Filed 01/17/17 Page 5 of 6 AO 2453 (Rcv. 10/15) Judgmerit in a Crirriiiial Casc Sheet 5 »~ Criminal Moiictary Penaltics Judgnieiit _ Page of ‘l DEFENDANT: CASENUMBER: lt 15 CR 10168 - 1 - LTS CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment Fine Restitution TOTALS $ 300.00 S $ 137.896.65 l:l The determination of restitution is deferred until . An Amended Jiidgmem iii a Crimi'na! Ccise (A0245C) will be entered after such determination |:| The defendant must make restitution (including community rcstitutioii) to tlie following payees iii the amount listed below. If the defendant makes a partial payment, each pa ee shall receive an approximatel)U)i'o ortionedpayment, unless specified otherwise in i the priority or_der or percentage payment column elow. lelowever, pursuant to 18 .S. . § 3664 ), all nonfederal victims must be paid before the United States is paid. Name of Payce Total Loss* Restitution Ordered Priority or Percentage Baesis $50,53‘1.65 $50,531.65 PEl $83,220.00 $83,220.00 South County Physical Therapy $4,145.00 $4,145.00 3 137,896.65 $ 137,896.65 TOTALS Restitution amount ordered pursuant to piea agreement 5 137,896.65 I:l 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 ofthejudgment, pursuanth 18 U.S.C. § 3612(f). All oftlie payment options on Siieet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). |:l The couit 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 |:] restitution. |:l the interest requirement fortlie |:l fine |:| restitution is modified as follows: * Findings for the total amount oflosses are re uired under Cliapters 109A, 1 10, 1 10A, and 1 13A ofTitle 18 for offenses committed on or after September 13, 1994, but before Api'i123, 199%. AomB (Rev' lons)mdgge§snelér:il%i'i':;lccra-s%0168-LTS Document 65 Fl|ed 01/17/17 Page 6 of 6 Sheet 6 - Schedulc of Payments _____________'_______'6_'_6_ Judgmcnt _ Page of DEFENDANT: CASE NUMBER: 1: 15 CR 10168 - 1 - LTS SCHEDULE OF PAYMENTS Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows: A l:| Lump sum payment of $ due immediately, balance due |:] not later than , or |:| inaccordance |:| C, [] D, l:| E, or [j Fbelow;or |:| Payment to begin immediately (may be combined with [:| C, |:| D, or |j F below); or C [:] Payment in equal (e.g., weekly, monrhly, quarterly) installments of $ over a period of (e.g.. months oryears), to commence (e.g., 30 or 60 days) after the date Oi`this judgment; 01' 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 E |] 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 11 § Special instructions regarding the payment of criminal monetary penalties: Payment of restitution begins immediately pursuant to a payment plan implemented by probation l.ln|e_ss the court has expressl ordered otherwis_e, if this judghment imposes imprisonment a ment of criminal monetaiy penalties is due during imprisonment All crunina mone penalties, except ose payments made through e Federal Bureau of Prisons’ Inmate Financia Responsibility Program, are made to e clerk of the court The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. I:l Joint and Several Defendant and _Co-Defend_ant Names and Case Numbers (i'ncludi'ng defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate l:| The defendant shall pay the cost of prosecution. l:l The defendant shall pay the following court cost(s): L__l The defendant shall forfeit the defendant’s interest in the following property to the United States: assessment (2) restitution principal, (3) restitution interest, (4) fine principal, Pa ments shall be a lied in the followin order: l y pp g ( ities, and (8) costs, including cost of prosecution and court costs, (5) fine interest, (6) community restitution, (7) pena