Case 1:13-cr-01071-JMS Document 10 Filed 03/10/14 Page 1 of 3

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MINUTES

CASE NUMBER: CASE NAME: ATTYS FOR PLA: ATTYS FOR DEFT: U.S.P.O:

CRIMINAL 13-01071JMS-001 USA v. Justin Wade Smith Lawrence L. Tong Todd W. Eddins John T. Hisashima

JUDGE: DATE:

J. Michael Seabright 03/10/2014

REPORTER: TIME:

Cynthia Fazio 1:30 - 2:30

COURT ACTION: EP: Sentencing as to Counts 1 of the Information. Defendant present and in custody. SENTENCE: Imprisonment: 12 MONTHS as to Count 1 of the Information to run concurrently to the sentence of 87 MONTHS as to Counts 1 and 2 of the Indictment, imposed in CR 1300811JMS. Supervised Release: 1 YEAR as to Count 1 of the Information to run concurrently to the sentence of 3 YEARS as to Counts 1 and 2 of the Indictment, imposed in CR 1300811JMS, under the following conditions: 1. 2. The defendant shall abide by the standard conditions of supervision. The defendant shall not commit any crimes, federal, state, or local (mandatory condition). The defendant shall not possess illegal controlled substances (mandatory condition). The defendant shall cooperate in the collection of DNA as directed by the probation officer (mandatory condition). The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of commencement of supervision and at least two drug tests thereafter but no more than 15 valid drug tests per month during the term of supervision.

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The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. Total Restitution of $185,386.00 is due to the Internal Revenue Service, and any remaining balance upon release from confinement be paid during the period of supervision on an installment basis according to the collection policy of the Probation Office, but at a rate of not less than 10% of his monthly gross income. Payment shall be made by payroll deduction when applicable. Interest is waived while the defendant is serving his term of imprisonment and shall commence to accrue on any remaining balance upon his release on supervision. Restitution payments shall first be used to satisfy the restitution owed in CR 13-00811JMS-01, before CR 13-01071JMS-01. The defendant shall execute all financial disclosure forms, and provide the Probation Office and the Financial Litigation Unit of the U.S. Attorney's Office access to any requested financial information to include submitting to periodic debtor's examinations as directed by the Probation Office. The defendant is prohibited from incurring credit charges and lines of credit without the prior approval of the Probation Office, until such time that the restitution is paid in full. The defendant shall participate in a mental health program and shall take all prescribed medications, at the direction of the Probation Office. The defendant shall submit his person, property, house, residence, vehicle, papers, or office, to a search conducted by a United States Probation Officer. Failure to submit to a search may be grounds for revocation of release. The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition. An officer may conduct a search pursuant to this condition only when reasonable suspicion exists that the defendant has violated a condition of his supervision and that the areas to be searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable manner. The defendant shall participate in and comply with substance abuse treatment which includes drug and alcohol testing in a program approved by the Probation Office. The defendant is prohibited from possessing or using any alcohol, and shall be subject to alcohol testing, during the term of supervision. The defendant shall warn any other resident and/or guest that he is prohibited from possessing any alcohol in his residence and on his property. The defendant is prohibited from participating in any form of gambling; being in the presence of any illegal or legal gambling; frequenting any business, residence, or area where gambling activities have occurred or are presently occurring; and associating with any persons engaged in gambling or any known

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gamblers. 15. The defendant shall maintain a single personal bank account, separate and apart from his spouse, any family member or others, into which all income, financial proceeds, and gains shall be deposited and from which all expenses be paid. The defendant shall cooperate with the Internal Revenue Service and State of Hawaii Department of Taxation and arrange for the payment of delinquent taxes, interest and penalties, and the timely filing of tax returns and/or corrected amended tax returns. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation, at the discretion and direction of the Probation Office.

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No fine imposed. Total Restitution in the amount of $185,386.00 is due to the Internal Revenue Service. Special Assessment: $25.00 Defendant advised of his right to appeal. Defendant remanded to the custody of the U. S. Marshal Service.

Submitted By: Alison P. Greaney, Courtroom Manager.