bm/ i9@$dd 94-M Document as Filed 10/28/TEXAS ssno 2451; (Rev. iz/os) Judgment in 3 Criminal case 7' sheet 1 TXND Moa os/za/04 UNITED STATES DISTRICT COU 90' 2 8.16/6 2 . Northern District of Texas - Dallas ev. . f, 'i UNITED OF AMERICA JUDGMENT IN A 7 V. IIT, 1-105 AM MAHER HUSEIN SMAD1 Case Number: (01) USM Numbcr:39482-177 Richard Anderson, Federal Public Defender, and Am>n1ey5 ef- Asst-D?Fen.der pleaded guilty to count(s) I of the Indictment, filed on October 7, 2009 pleaded nolo to count(s) which was accepted by the court, was found guilty on courtt(s) after a plea nfnot guilty. The defendant is adjudicated guilty of these offenses: Title Section Nature of Offense Offense Ended Count 18 U.S.C, 2332a(a)(2)(A), Attempted Use ofa Weapon ofi\/lass Destruction September 24, 2009 1 (B), and (D) The defendant is sentenced as provided in pages 2 through 6 ofthis judgment. The sentence is imposed pursuant to the Sentencing Reform Act uf19B4. The defendant has been found not guilty on count(s) 1 ?f the Indictment, med October 7, 2009, is EI arc dismissed on the motion ofthe United States A It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change ofrtame, residence, or mailing address fines, restitution, costs, and special assessments imposed by lhisjuclgment are fully paid. Ifordered to pay restitution, the defendant must notify the court and Unitcd States attumey of material changes in economic circumstances. October I9 2010 - . Datc 1 mpusnmn lent S. 1 I M140 lt st Judge 'll M. G. LY UNITED STATES DISTRICT JUDGE Name and Title ofludgc October 23, 2010 Dale Case Document 88 Filed 10/28/10 Page 2 of 7 PagelD 376 AO 245B (Rev, i2/03) Judgment in Criminal Case 2 In-iprisonment TXND Mod - 9/28/04 Judgment - Page 2 of 6 DEFENDANT: HOSAM MAHER HUSEIN SMADI cAsE (01) IMPRISONMENT Pursuant to the Sentencing Reform Act of 1984, but taking the Guidelines as advisory pursuant to United States v. Booker, and considering the factors set forth in 18 Section 3553(a), the defendant is hereby committed to the custody ofthe United States Bureau of Prisons to be imprisoned for a total term of TWENTY-F OUR (24) YEARS. The court makes the following recommendations to the Bureau ot`Prisons: The Court recommends that the Defendant participate in the 500 hours drug treatment program within the Bureau of Prisons, if appropriate. The defendant is remanded to the custody of the United States Marshal. The defendant shall surrender to the United States Marshal for this district: at EI a.m. lj pm, on as notified by the United States Marshal. Ei The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before on . as notified by the United States Marshal. as notified by the Probation or Pretrial Services Office. RETURN I have executed thisjudgment as follows: Defendant delivered on to with a certified copy ofthisjudgment. UNITED STATES MARSHAI. By DEPUTY UNITED STATES MARSHAL Case Document 88 Filed 10/28/10 Page 3 of 7 PagelD 377 AO 245B (Rev. 12/03) Judgment in a Criminal Case Sheet 3 Supervised Release DEFENDANT: HOSAM MAHER HUSEIN SMADI CASE NUMBER: (01) Judgment-Page 3 ol' SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of: FIVE (5) YEARS. The defendant must report to the probation office in the district to which the defendant is released within 72 hours ofrelease from the custody ofthe Bureau of Prisons. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfull%possess a controlled substance, The defendant shal_l refrain from any unlawful use ofa controlled substance. The defendant shall su mit to one drug within 15 days of release from imprisonment and at least 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 substance abuse. (Cheek, 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, ifapplicablc.) The defendant shall participate in an approved program for domestic violence. (Check, if applicable.) If this fjudgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule 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 l) the defendant shall not leavc thejudicial district without the permission ofthe court or probation officer; 2) shall report to the probation officer and shall submit a truthful and complete written report within the first five days of eac mont 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; S) 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 ofa felony, unless granted pemussion to do so by the pro ation officer; the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pcrmit confiscation of any contraband observed in plain view of probation officer; ll) 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 infonner or a special agent of a law enforcement agency without the permission ofthe 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 persona history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant compliance with such notification requirement. Case Document 88 Filed 10/28/10 Page 4 of 7 PagelD 378 AO 245B (Rev. Judgment in a Criminal Case Sheet 3C - Supervised Release Judgment#-Page 4 of 6 DEFENDANT: HOSAM MAHER HUSEIN SMADI case NUMBER: (01) SPECIAL CONDITIONS OF SUPERVISION As a condition of supervised release, upon the completion of the sentence of imprisonment, the defendant shall he surrendered to a duly-authorized immigration official for deportation in accordance with the established procedures provided by the Immigration and Nationality Act, 8 U.S.C. 1101 et seq. As a further condition of supervised release, if ordered deported or removed, the defendant shall remain outside the United States. In the event the defendant is not deported immediately upon release from imprisonment, or should the defendant ever be within the United States during any portion of the term of supervised release, the defendant shall also comply with the standard conditions contained in this Judgment and shall comply with the mandatory and special conditions stated herein: The defendant shall cooperate in the collection of DNA as directed by the U.S. Probation Officer, as authorized by the Justice for All Act of 2004. The defendant shall report in person to the U.S. Probation Office in the district to which the defendant is released from the custody of the Federal Bureau of Prisons, or in which the defendant makes entry into the United States, within 72 hours of release or entry. 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 or re-entry into the United States and at least two periodic drug tests thereafter, as directed by the U.S. Probation Officer. The defendant shall provide to the U.S. Probation Officer any requested financial information. The defendant shall participate in a program (inpatient and/or outpatient) approved by the U.S. Probation Office for treatment of narcotic, drug, or alcohol dependency, which will include testing for the detection of substance use or abuse. The defendant shall abstain from the use of alcohol and/or all other intoxicants during and after completion of treatment. The defendant shall contribute to the costs of services rendered (copayment) at a rate of at least $10 per month. The defendant shall participate in mental health treatment services as directed by the U.S. Probation Officer until successfully discharged. These services may include medications prescribed by a licensed physician. The defendant shall contribute to the costs of services rendered (copayment) at a rate of at least $10 per month. Case Document 88 Filed 10/28/10 Page 5 of 7 PagelD 379 AO 245B (Rev. Judgment in Criminal Case Slice! Criminal Monetary Penalties TXND Mod 2 - 09/28/04 Judgment -- Page nf 6 DEFENDANT: HOSAM MAHER HUSEIN SMADI CASE NUMBER: (01) CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule ofpayments on Sheet 6. Assessment Fine Restitution TOTALS $100.00 The determination ofrestitution is deferred until An Amended Judgment in a Criminal Cure (AO 245C) will be entered after such determination. The defendant must make restitution (including community restitution), payable to the U.S. District Clerk to be disbursed to the following payee(s) in the amountts) listed below, If the defendant makes a partial payment. each payee shall receive an payment, unless specified otherwise in the prionty order or percentage payment column below. However, pursuant to 18 .S. 3664(i), all noniederal victims must be paid before the United States is paid. Restitution Ordered Prinrig ur Percentage TOTALS 5; Restitution amount ordered pursuant to plea agreement The defendant must pay interest on restitution and a tine nf more than $2,500, unless the restitution or fine is paid in tull before the tirteenth day after the date ofthe judgment, pursuant lo 18 36lZ(t), All ofthe payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to I8 U.S.C. 36l2(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 fine restitution. interest requirement lor the fine restitution is modified as ibllows: Case Document 88 Filed 10/28/10 Page 6 of 7 PagelD 380 Ao we (Rev, 12/03) Juaymr in 3 Criminal Case street - setrcatne arvaymems rxuo Mutt 1 - ittagruem - Page 6 of 6 DEFENDANT1 HOSAM MAHER HUSEIN SMADI CASE NUMBER: (01) SCHEDULE OF PAYMENTS Having assessed the defendanl's ability to pay, payment of total criminal monetary penalties are due as follows: A Lump sum payment of due immediately, balance due not later than or in accordance C, D, L, or below, or Payment to begin immediately (may be combined with C, D, or below); or Payment in equal weekly, quarterly) installments of over a period of months or years), to commence 30 or 60 days) after the date ofthisjudgment; or Payment in equal weekly, quarterly) installments of over a period of months or years), to commence 30 or 60 days) alter release from imprisonment to a term of supervision; or Payment during the term of supervised release will commence within 30 or 60 days) after release lrom imprisonment, The court will set the payment plan based on an assessment ofthe defendant's ability to pay at that time; or Special instructions regarding the pay ment of criminal monetary penalties It is ordered that the Defendant shall pay to the United States a special assessment of $100, for Count 1, which shall be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court. Unless the court has expressly ordered otherwise, ifthisjudgment imposes imprisonment, ayment ofcriminalmonetary penalties is due during imprisonment, All monetary penalties, except those (payments made througli the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to U.S. District Clerk, I l0 Commerce Street, l4th Floor, Dallas, Texas 75242. The defendant sliall receive credit for all payments previously made toward any criminal monetary penalties imposed. Joint and Several 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 de l`endant shall pay the following court cost(s): The defendant shall forfeit the defcndant's interest in the following property to tlte United States: See Sheet 6B. Payments shall be applied in _the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) line principal, (5) fine interest. (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs. 309 H38 FI d1O/28/10 7 T7 ID381 CASE CLOSED CASE NUMBER: 5 0 DATE: TRIAL: YES NO