USA v. Mailloux Document 20: Judgment*

Massachusetts District Court
Case No. 1:05-cr-10080-NG
Filed November 22, 2005

Judge Nancy Gertner: ORDER entered; JUDGMENT as to Rob Mailloux (1), Count(s) 1-8, One Year and one day Imprisonment; No Fine; $800 Spec Assessment; $176,365.83 Restitution; 3 Years S.R. (Attachments: # (1) Transcript) (Filo, Jennifer)

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Page 1 Case 1:05-cr-10080-NG
2AO 245B(05-MA)
Document
Filed 11/22/
Page 1 of
(Rev. 06/05) Judgment in a Criminal Case
Sheet 1 - D. Massachusetts - 10/
UNITED STATES DISTRICT COURT
District of Massachusetts
JUDGMENT IN A CRIMINAL CASE
UNITED STATES OF AMERICA
V.
Rob Mailloux
aka Oscar E. Mailloux, Jr.
Case Number: 1: 05 CR
- NG -
USM Number: 25571-
Michael Andrews
Defendant’s Attorney
✔ Additional documents attached
Transcript Excerpt of Sentencing Hearing
THE DEFENDANT:
1-
✔ pleaded guilty to count(s)
pleaded nolo contendere to count(s)
which was accepted by the court.
was found guilty on count(s)
after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
Title & Section
18 USC §
Additional Counts - See continuation page
Nature of Offense
Offense Ended
Wire Fraud
05/20/
The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.

Count
1-
of this judgment. The sentence is imposed pursuant to
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 material changes in economic circumstances.
11/09/Date of Imposition of Judgment
s/Nancy Gertner
Signature of Judge
The Honorable Nancy Gertner
Judge, U.S. District Court
Name and Title of Judge
11/22/Date
Page 2 Case 1:05-cr-10080-NG
2AO 245B(05-MA)
Document
Filed 11/22/
Page 2 of
(Rev. 06/05) Judgment in a Criminal Case
Sheet 2 - D. Massachusetts - 10/
DEFENDANT: Rob Mailloux
CASE NUMBER: 1: 05 CR
Judgment — Page

of
- NG -
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of:
year(s)

and (1) one day on counts 1-8 all to be served concurrently with each other.
✔ The court makes the following recommendations to the Bureau of Prisons:
That the defendant serve his time at FMC Ft. Deven's, and participate in mental health treatment.
✔ The defendant is remanded to the custody of the United States Marshal.
The defendant shall surrender to the United States Marshal for this district:
G a.m.
at
G
p.m.
on
.
as notified by the United States Marshal.
✔ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
✔ before 2 p.m. on
12/07/
.
as notified by the United States Marshal.
as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on
a
to
, with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
10
Page 3 Case 1:05-cr-10080-NG
2AO 245B(05-MA)
Document
Filed 11/22/
Page 3 of
(Rev. 06/05) Judgment in a Criminal Case
Sheet 3 - D. Massachusetts - 10/
Rob Mailloux
DEFENDANT:
CASE NUMBER: 1: 05 CR
Judgment—Page

of

- NG -

SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of :
See continuation page
3 year(s)
The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the
custody of the Bureau of Prisons.
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 release from imprisonment and at least two periodic drug tests
thereafter, not to exceed 104 tests per year, as directed by the probation officer.


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 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 directed by the probation officer. (Check, if applicable.)
The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or restitution, it is a condition of supervised release 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 as with any additional conditions
on the attached page.
STANDARD CONDITIONS OF SUPERVISION
1)
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 and shall submit a truthful and complete written report within the first five days of
each month;
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 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;
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 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;
10)
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;
11)
the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
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 personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the
defendant’s compliance with such notification requirement.
Page 4 OAO 245B(05-MA)
Case
1:05-cr-10080-NG Document (Rev. 06/05) Judgment in a Criminal Case
Filed 11/22/
Page 4 of
Sheet 4A - Continuation Page - Supervised Release/Probation -10/
Judgment—Page
Rob Mailloux
DEFENDANT:
Mailloux,
1: 05Oscar
CR E.
- NGJr.- CASE NUMBER: aka
ADDITIONAL

SUPERVISED RELEASE

of

PROBATION TERMS
The defendant is prohibited from possessing a firearm or other dangerous weapon.
The defendant is to provide the probation officer access to any requested financial information, which maybe
shared with the Financial Litigation Unit of the U.S. Attorney's Office.
The defendant is to participate in a mental health program as directed by the United States Probation Office.
The defendant shall be required to contribute to the costs of services for such treatment based on the ability to
pay or availability of the third party payment.
The defendant is prohibited from incurring new credit charges or opening additional lines of credit without the
approval of the probation officer while any financial obligation remain outstanding.
Restitution payments shall be made immediately upon commencement of supervised released, according to a
court-ordered repayment schedule.
Continuation of Conditions of
Supervised Release
Probation
Page 5 2AO 245B(05-MA)
Case
1:05-cr-10080-NG Document (Rev. 06/05) Judgment in a Criminal Case
Filed 11/22/
Page 5 of
Sheet 5 - D. Massachusetts - 10/
Judgment — Page
Rob Mailloux
DEFENDANT:
aka Oscar E. Mailloux, Jr.
CASE NUMBER: 1: 05 CR 10080 - NG -
of

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment
TOTALS
$
Fine
$800.
Restitution
$
$
$176,365.
. An Amended Judgment in a Criminal Case (AO 245C) will be entered
The determination of restitution is deferred until
after such determination.
The defendant must 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 proportioned 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
Restitution Ordered
Total Loss*
Priority or Percentage
$176,365.
see psr for details
See Continuation
Page
TOTALS
$0.
$
$
$176,365.
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.
Page 6 2AO 245B(05-MA)
Case
1:05-cr-10080-NG Document (Rev. 06/05) Judgment in a Criminal Case
Filed 11/22/
Page 6 of
Sheet 6 - D. Massachusetts - 10/
Judgment — Page
Rob Mailloux

of

DEFENDANT:
aka Oscar E. Mailloux, Jr.
CASE NUMBER: 1: 05 CR 10080 - NG -
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:
A
Lump sum payment of $
not later than
in accordance
B
due immediately, balance due
C,
D,
, or
E, or
✘ Payment to begin immediately (may be combined with
G
C,
F below; or
D, or
F below); or
C
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 the date of this judgment; or
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
F
Special instructions regarding the payment of criminal monetary penalties:
Restitution payments shall be made immediately upon commencement of supervised released, according to a
court-ordered repayment schedule.
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
See Continuation
Page
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.
The defendant shall pay the cost of prosecution.
The defendant shall pay the following court cost(s):
The defendant shall forfeit the defendant’s interest in the following property to the United States:
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.
Page 7 AO 245B
Case 1:05-cr-10080-NG
Document
(Rev. 06/05) Criminal Judgment
Attachment (Page 1) — Statement of Reasons - D. Massachusetts - 10/
Filed 11/22/
Rob Mailloux
DEFENDANT:
CASE NUMBER: 1: 05 CR 10080 - NG - DISTRICT:
MASSACHUSETTS
Page 7 of Judgment — Page 7 of

STATEMENT OF REASONS
I
COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT
A

G
The court adopts the presentence investigation report without change.
B
G
The court adopts the presentence investigation report with the following changes.
(Check all that apply and specify court determination, findings, or comments, referencing paragraph numbers in the presentence report, if applicable.)
(Use page 4 if necessary.)
C
II

G

G

G

G
G
The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.
Chapter Three of the U.S.S.G. Manual determinations by court (including changes to victim-related adjustments,
role in the offense, obstruction of justice, multiple counts, or acceptance of responsibility):
Chapter Four of the U.S.S.G. Manual determinations by court (including changes to criminal history category or
scores, career offender, or criminal livelihood determinations):
Additional Comments or Findings (including comments or factual findings concerning certain information in the
presentence report that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation,
or programming decisions):
COURT FINDING ON MANDATORY MINIMUM SENTENCE (Check all that apply.)
A

G
No count of conviction carries a mandatory minimum sentence.
B
G
Mandatory minimum sentence imposed.
C
G
One or more counts of conviction alleged in the indictment carry a mandatory minimum term of imprisonment, but the
sentence imposed is below a mandatory minimum term because the court has determined that the mandatory minimum
does not apply based on
G
G
G
III
Chapter Two of the U.S.S.G. Manual determinations by court (including changes to base offense level, or
specific offense characteristics):
findings of fact in this case
substantial assistance (18 U.S.C. § 3553(e))
the statutory safety valve (18 U.S.C. § 3553(f))
COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES):
Total Offense Level:
I
Criminal History Category:
Imprisonment Range:
to months
Supervised Release Range: to years
Fine Range: $ 3,to $ 30,G
✔ Fine waived or below the guideline range because of inability to pay.
Page 8 Case 1:05-cr-10080-NG
Document
AO 245B (05-MA) (Rev. 06/05) Criminal Judgment
Attachment (Page 2) — Statement of Reasons - D. Massachusetts - 10/
Filed 11/22/
Page 8 of Judgment — Page 8 of
DEFENDANT: Rob Mailloux
CASE NUMBER: 1: 05 CR 10080 - NG - DISTRICT:
MASSACHUSETTS

STATEMENT OF REASONS
IV
ADVISORY GUIDELINE SENTENCING DETERMINATION (Check only one.)
A
G

B
G
The sentence is within an advisory guideline range that is not greater than 24 months, and the court finds no reason to depart.
The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons.
(Use Section VIII if necessary.)
C
G
The court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual.
(Also complete Section V.)
D
V
G
The court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI.)
DEPARTURES AUTHORIZED BY THE ADVISORY SENTENCING GUIDELINES (If applicable.)
A The sentence imposed departs (Check only one.):
G below the advisory guideline range
G above the advisory guideline range
B
Departure based on (Check all that apply.):
Plea Agreement (Check all that apply and check reason(s) below.):
G 5K1.1 plea agreement based on the defendant’s substantial assistance
G 5K3.1 plea agreement based on Early Disposition or “Fast-track” Program
G binding plea agreement for departure accepted by the court
G plea agreement for departure, which the court finds to be reasonable
G plea agreement that states that the government will not oppose a defense departure motion.

Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):
G 5K1.1 government motion based on the defendant’s substantial assistance
G 5K3.1 government motion based on Early Disposition or “Fast-track” program
G government motion for departure
G defense motion for departure to which the government did not object
G defense motion for departure to which the government objected
C
Other
Other than a plea agreement or motion by the parties for departure (Check reason(s) below.):
G
Reason(s) for Departure (Check all that apply other than 5K1.1 or 5K3.1.)
G
G
G
G
G
G
G
G
4A1.5H1.5H1.5H1.5H1.5H1.5H1.5H1.
Criminal History Inadequacy
Age
Education and Vocational Skills
Mental and Emotional Condition
Physical Condition
Employment Record
Family Ties and Responsibilities
Military Record, Charitable Service,
Good Works
G
5K2.
Aggravating or Mitigating Circumstances
D
G
G
G
G
G
G
G
G
G
G
5K2.5K2.5K2.5K2.5K2.5K2.5K2.5K2.5K2.5K2.
Death
Physical Injury
Extreme Psychological Injury
Abduction or Unlawful Restraint
Property Damage or Loss
Weapon or Dangerous Weapon
Disruption of Government Function
Extreme Conduct
Criminal Purpose
Victim’s Conduct
Explain the facts justifying the departure. (Use Section VIII if necessary.)
G
G
G
G
G
G
G
G
G
G
G
G
5K2.11 Lesser Harm
5K2.12 Coercion and Duress
5K2.13 Diminished Capacity
5K2.14 Public Welfare
5K2.16 Voluntary Disclosure of Offense
5K2.17 High-Capacity, Semiautomatic Weapon
5K2.18 Violent Street Gang
5K2.20 Aberrant Behavior
5K2.21 Dismissed and Uncharged Conduct
5K2.22 Age or Health of Sex Offenders
5K2.23 Discharged Terms of Imprisonment
Other guideline basis (e.g., 2B1.1 commentary)
Page 9 Case 1:05-cr-10080-NG
Document
AO 245B ( 05-MA) (Rev. 06/05) Criminal Judgment
Attachment (Page 3) — Statement of Reasons - D. Massachusetts 10/
DEFENDANT:
CASE NUMBER:
DISTRICT:
Filed 11/22/
Rob Mailloux
aka
Mailloux,
1: 05Oscar
CR E.
- NGJr.-
Page 9 of Judgment — Page 9 of

MASSACHUSETTS
STATEMENT OF REASONS
VI
COURT DETERMINATION FOR SENTENCE OUTSIDE THE ADVISORY GUIDELINE SYSTEM
(Check all that apply.)
A
B
The sentence imposed is (Check only one.):
G below the advisory guideline range
G above the advisory guideline range
Sentence imposed pursuant to (Check all that apply.):

C
G
G
G
binding plea agreement for a sentence outside the advisory guideline system accepted by the court
plea agreement for a sentence outside the advisory guideline system, which the court finds to be reasonable
plea agreement that states that the government will not oppose a defense motion to the court to sentence outside the advisory guideline
system
Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):
G
G
G
government motion for a sentence outside of the advisory guideline system
defense motion for a sentence outside of the advisory guideline system to which the government did not object
defense motion for a sentence outside of the advisory guideline system to which the government objected
Other
G
Other than a plea agreement or motion by the parties for a sentence outside of the advisory guideline system (Check reason(s) below.):
Reason(s) for Sentence Outside the Advisory Guideline System (Check all that apply.)
G
G
G
G
G
G
G
D
Plea Agreement (Check all that apply and check reason(s) below.):
the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1)
to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense (18 U.S.C. § 3553(a)(2)(A))
to afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B))
to protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C))
to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner
(18 U.S.C. § 3553(a)(2)(D))
to avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6))
to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))
Explain the facts justifying a sentence outside the advisory guideline system. (UseSection VIII if necessary.)
Page 10 AO 245B ( 05-MA) (Rev. 06/05) Criminal Judgment
Case 1:05-cr-10080-NG Document Attachment (Page 4) — Statement of Reasons - D. Massachusetts - 10/
Filed 11/22/
Rob Mailloux
Page 10 of Judgment — Page 10 of
DEFENDANT:
aka Oscar E. Mailloux, Jr.
CASE NUMBER: 1: 05 CR 10080 - NG - MASSACHUSETTS
DISTRICT:

STATEMENT OF REASONS
VII COURT DETERMINATIONS OF RESTITUTION
A
G
B
Total Amount of Restitution:
C
Restitution not ordered (Check only one.):
D
Restitution Not Applicable.
176,365.
G

G

G

G
G
Partial restitution is ordered for these reasons (18 U.S.C. § 3553(c)):
For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because the number of
identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A).
For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because determining complex
issues of fact and relating them to the cause or amount of the victims’ losses would complicate or prolong the sentencing process to a degree
that the need to provide restitution to any victim would be outweighed by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B).
For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing guidelines, restitution is not
ordered because the complication and prolongation of the sentencing process resulting from the fashioning of a restitution order outweigh
the need to provide restitution to any victims under 18 U.S.C. § 3663(a)(1)(B)(ii).
Restitution is not ordered for other reasons. (Explain.)
VIII ADDITIONAL FACTS JUSTIFYING THE SENTENCE IN THIS CASE (If applicable.)
see transcript of sentencing hearing attached.
Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony cases.
Defendant’s Soc. Sec. No.:
000-00-
Defendant’s Date of Birth:

Date of Imposition of Judgment
11/09/s/Nancy Gertner
Defendant’s Residence Address: 135 Pitchers Way
Hyannis, MA Defendant’s Mailing Address:
same as above
Signature of Judge
The Honorable Nancy Gertner
Name and Title of Judge
Date Signed 11/22/
Judge, U.S. District Court
Page 11 Case 1:05-cr-10080-NG
Document 20-
Filed 11/22/
Page 1 of
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

UNITED STATES
)
CR. NO. 05-10080-NG

VS.
)
COURTROOM NO.
ROB MAILLOUX
)
1 COURTHOUSE WAY

BOSTON, MA

JUDGMENT AND FINDINGS OF FACT

NOVEMBER 9, 9:07 A.M.

BEFORE THE HONORABLE NANCY GERTNER

UNITED STATES DISTRICT COURT JUDGE

VALERIE A. O'HARA

OFFICIAL COURT REPORTER
Page 12 Case 1:05-cr-10080-NG
Document 20-
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Page 2 of
A P P E A R A N C E S:

United States Attorney's Office, by CARMEN ORTIZ,
ASSISTANT UNITED STATES ATTORNEY, One Courthouse Way, Suite
9200, Boston, Massachusetts 02210, for the United States;

Law Office of Michael C. Andrews, by MICHAEL C.
ANDREWS, ESQ., 21 Custom House Street, Suite 92, Boston,
Massachusetts 02110, for the Defendant.
Page 13 Case 1:05-cr-10080-NG
Document 20-
Filed 11/22/
Page 3 of
THE COURT:
Mr. Mailloux, will you please stand.

So then for the record, this is a situation in which I will

accept the presentence report's calculations.

presentence, the sentencing guideline range as being

appropriate and meeting the purposes of sentencing and the

statute.
There are no factual issues that I need to

resolve.
The sentencing range is 12 to 18 months.

sentence you to a year and a day.

to you what that means in terms of your actual time in,
I accept the
I will
Mr. Andrews will describe

three years of supervised release, restitution, as I said,

in the amount of $176,365.83, no fine, special assessment of

$800.

Restitution is to be paid immediately or according

to repayment schedule that probation proposes and that I

would approve, payments should be made to the Clerk, U.S.

District Clerk for transfer to Ms. Hall.

sentence of imprisonment of some degree means that the

restitution would not be forthcoming for some time, but I

actually think it makes sense in this situation.

Bearing in mind a
Mr. Mailloux shall notify the U.S. Attorney within

30 days of any change of mailing or resident address that

occurs while any portion of the restitution is unpaid.

While on supervised release, Mr. Mailloux is not to commit

another federal, state or local crime or possess any illegal

controlled substances.
He's to refrain from any unlawful
Page 14 Case 1:05-cr-10080-NG
Document 20-
Filed 11/22/
Page 4 of
use of a controlled substance.

within 15 days of placement on supervised release and two

drug tests thereafter, not to exceed 104 tests per year.

There will be drug testing
And when you are released from your sentence, you

are to report to the district into which you have been

released.

the District of Massachusetts.

collection of a DNA sample as requested by probation.

apparently is required.

If Fort Devens is the place, then you report to
You're to commit to the
That
You are to comply with standard conditions, and,

in addition, you're prohibited from possessing a firearm,

destructive device or other dangerous weapon.

supervised release, if any portion of restitution is unpaid,

you are to continue to pay that.

incurring new credit charges or opening additional lines of

credit without probation's approval.

probation with financial information which may be shared

with the financial litigation unit of the U.S. Attorney's

Office, and you are to participate on supervised release in

a mental health program, as directed by probation.

While on
You're prohibited from
You're to provide
As I said, an $800 special assessment.
You have a

right to appeal, and Mr. Andrews will tell you what that

consists of.

What amount of time?

it would take to find out where he would be classified and
Mr. Andrews, give me a self-surrender date.
Does anyone have an idea how much time
Page 15 Case 1:05-cr-10080-NG
Document 20-
Filed 11/22/
Page 5 of
whether the treatment regime could be continued there?
PROBATION OFFICER:
Usually it's at least four

weeks for a self-surrender, but maybe in this case a little

longer might be appropriate, perhaps six months.

THE COURT:
Ms. Molloy put down January 13th.

We'll make January 13, 2006 as a self-surrender date, give

everyone an opportunity to make sure that what the Bureau of

Prisons has reported will take place.

UNITED STATES DISTRICT COURT )

DISTRICT OF MASSACHUSETTS
)

CITY OF BOSTON
)

I, Valerie A. O'Hara, Registered Professional

Reporter, do hereby certify that the foregoing transcript

was recorded by me stenographically at the time and place

aforesaid in No. 05-10080-NG, In Re:

Mailloux and thereafter by me reduced to typewriting and is

a true and accurate record of the proceedings.
United States vs. Rob

_________________________

VALERIE A. O'HARA

REGISTERED PROFESSIONAL REPORTER
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