Amended Judgment — United States v. Samir Haj, Southern District of California (Document 57)

Summary

An Amended Judgment in a Criminal Case (AO 245B) for defendant Samir Haj (2), Case Number 3:21-CR-01463-JLS, in the U.S. District Court for the Southern District of California, filed September 9, 2022 as Document 57, marked as a correction of sentence for clerical mistake under Fed. R. Crim. P. 36. It records guilty pleas to counts 1, 2 and 3 of the Information for entry of goods falsely classified and nonmailable injurious articles, each with aiding and abetting. The sentence is a total of 8 months in prison, with surrender on or before 10/7/2022, and 3 years of supervised release. It orders restitution of $86,754.00, jointly and severally with co-defendants, a $150.00 assessment, no fine and forfeiture under an order filed 8/12/2022. The signature block names Judge Janis L. Sammartino.

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“Amended Judgment — United States v. Samir Haj, Southern District of California (Document 57).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-3-21-cr-01463-dkt-57-s-d-cal-5b38c07f82/, SHA-256 ffe40560eb086fd644dd78fcbd5b9f3f4ec2bca2aff71a2056a03bce177f2b36.

Full text

Case 3:21-cr-01463-JLS Document 57 Filed 09/09/22 PageID.209 Page 1 of 6
AO 2458 (CASO Rev . 1/19) Judgment in a Criminal Case
FIL
UNITED STATES DISTRICT Co SEP O9 2022
SOUTHERN DISTRICT OF CALIFORNIA CLERK U.S. DISTRICT COURT (i~
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA AMENDED JUDGME~ IN A.~RJMTNAJ, CAl!ffl'UTYj
v. (For Offenses Committed On or After November I, 1987)
SAMIR HAJ (2)
Case Number: 3:21-CR-01463-JLS

Marc Xavier Carlos
Defendant's Attorney
USMNumber 20138-510
IZJ Correction of Sentence for Clerial Mistake (Fed. R. Crim. P. 36)
THE DEFENDANT:
IZI pleaded guilty to count(s) 1, 2, 3 of the Information

D was found guilty on count(s)
after a plea of not guilty.
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):

Title and Section/ Nature of Offense Count
18:541; 18:2 - Entry Of Goods Falsely Classified (Felony); Aiding and Abetting I
18: l 7 l 6(i)(l ); 18:2 - Nonmailable In_jurious Articles (Misdemeanor); Aiding and Abetting 2
7: l 36J(a)(l )(A), 1361 (b )(1 )(B); 18:2 - Entry Of Goods Falsely Classified (Misdemeanor); Aiding 3

The defendant is sentenced as provided in pages 2 through _
- - -6- - - of this judgment.
The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
D The defendant has been found not guilty on count(s)

D Count(s) is dismissed on the motion of the United States.

1ZJ Assessment: $150.00 imposed

□ JVTA Assessment*:$

*Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
IZI No fine IZI Forfeiture pursuant to order filed 8/12/2022 , included herein.
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 change in the defendant's economic circumstances.

August 12. 2022

ON. JANIS L. SAMMARTINO
UNITED STATES DISTRICT JUDGE
Case 3:21-cr-01463-JLS Document 57 Filed 09/09/22 PageID.210 Page 2 of 6
AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

DEFENDANT: SAMIR HAJ (2) Judgment - Page 2 of 6
CASE NUMBER: 3 :21-CR-0 1463-JLS

IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
8 months as to each count 1, 2 and 3 to run concurrent for a total of 8 months.

□ Sentence imposed pursuant to Title 8 USC Section 1326(b).
IZI The court makes the following recommendations to the Bureau of Prisons:
1. Placement in the Western Region to facilitate family visits.

□ The defendant is remanded to the custody of the United States Marshal.

□ The defendant must surrender to the United States Marshal for this district:
□ at A.M. on
□ as notified by the United States Marshal.

The defendant must surrender for service of sentence at the institution designated by the Bureau of
IZI
Prisons:
IZI on or before 12:00 PM on 10/7/2022
□ 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 to

at _ _ _ _ __ _ _ __ _ _ , with a certified copy of this judgment.

UNITED STATES MARSHAL

By DEPUTY UNITED STATES MARSHAL

3:21-CR-01463-JLS
Case 3:21-cr-01463-JLS Document 57 Filed 09/09/22 PageID.211 Page 3 of 6
AO 245B (CASO Rev. 1/19) Judgment in a Criminal Case

DEFENDANT: SAMIR HAJ (2) Judgment - Page 3 of 6
CASE NUMBER: 3 :21-CR-0 1463-JLS

SUPERVISED RELEASE
Upon release from imprisonment, the defendant will be on supervised release for a term of:
3 years (1 year on count 1 and 1 year on each count 2 and 3 consecutive to count 1 for a total of 3 years)

MANDATORY CONDITIONS
1. The defendant must not commit another federal, state or local crime.
2. The defendant must not unlawfully possess a controlled substance.
3. The defendant must not illegally possess a controlled substance. The defendant must refrain from any unlawful use of a
controlled substance. The defendant must submit to one drug test within 15 days of release from imprisonment and at least
two periodic drug tests thereafter as determined by the court. Testing requirements will not exceed submission of more
than 4 drug tests per month during the term of supervision, unless otherwise ordered 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. (check if applicable)
4. □ The defendant must make restitution in accordance with 18 U.S.C . §§ 3663 and 3663A or any other statute authorizing

a sentence ofrestitution. (check if applicable)
5. IZl The defendant must cooperate in the collection of DNA as directed by the probation officer. ( check if applicable)
6. □ The defendant must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. §
20901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in
the location where the defendant resides, works, is a student, or was convicted of a qualifying offense. ( check if
applicable)
7. □ The defendant must participate in an approved program for domestic violence. (check if applicable)

The defendant must comply with the standard conditions that have been adopted by this court as well as with any other
conditions on the attached page.

3:21-CR-01463-JLS
Case 3:21-cr-01463-JLS Document 57 Filed 09/09/22 PageID.212 Page 4 of 6
AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

DEFENDANT: SAMIR HAJ (2) Judgment - Page 4 of 6
CASE NUMBER: 3 :21-CR-0 1463-JLS

STANDARD CONDITIONS OF SUPERVISION
As part of the defendant's supervised release, the defendant must comply with the following standard conditions of
supervision. These conditions are imposed because they establish the basic expectations for the defendant's behavior
while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the
court about, and bring about improvements in the defendant's conduct and condition.

I . The defendant must report to the probation office in the federal judicial district where they are authorized to reside within 72
hours of their release from imprisonment, unless the probation officer instructs the defendant to report to a different probation
office or within a different time frame .

2. After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer
about how and when the defendant must report to the probation officer, and the defendant must report to the probation officer
as instructed.

3. The defendant must not knowingly leave the federal judicial district where the defendant is authorized to reside without first
getting permission from the court or the probation officer.

4. The defendant must answer truthfully the questions asked by their probation officer.

5. The defendant must live at a place approved by the probation officer. If the defendant plans to change where they live or
anything about their living arrangements (such as the people living with the defendant), the defendant must notify the
probation officer at least IO days before the change. If notifying the probation officer in advance is not possible due to
unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a change or
expected change.

6. The defendant must allow the probation officer to visit them at any time at their home or elsewhere, and the defendant must
permit the probation officer to take any items prohibited by the conditions of their supervision that he or she observes in plain
view.

7. The defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer
excuses the defendant from doing so. If the defendant does not have full-time employment the defendant must try to find full-
time employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where the
defendant works or anything about their work (such as their position or their job responsibilities), the defendant must notify the
probation officer at least IO days before the change. If notifying the probation officer at least IO days in advance is not possible
due to unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a
change or expected change.

8. The defendant must not communicate or interact with someone they know is engaged in criminal activity. If the defendant
knows someone has been convicted of a felony, they must not knowingly communicate or interact with that person without
first getting the permission of the probation officer.

9. If the defendant is arrested or questioned by a law enforcement officer, the defendant must notify the probation officer within 72 hours.

10. The defendant must not own, possess, or have access to a firearm , ammunition, destructive device, or dangerous weapon (i.e.,
anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such
as nunchakus or tasers).

11 . The defendant must not act or make any agreement with a law enforcement agency to act as a confidential human source or
informant without first getting the permission of the court.

12. If the probation officer determines the defendant poses a risk to another person (including an organization), the probation
officer may require the defendant to notify the person about the risk and the defendant must comply with that instruction.
The probation officer may contact the person and confirm that the defendant notified the person about the risk.

13. The defendant must follow the instructions of the probation officer related to the conditions of supervision.

3:21-CR-0 1463-JLS
Case 3:21-cr-01463-JLS Document 57 Filed 09/09/22 PageID.213 Page 5 of 6
AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

DEFENDANT: SAMIR HAJ (2) Judgment - Page 5 of 6
CASE NUMBER: 3 :21-CR-0 1463-JLS

SPECIAL CONDITIONS OF SUPERVISION

1. Report all vehicles owned or operated, or in which you have an interest, to the probation officer.

2. Submit your person, property, house, residence, vehicle, papers, [computers (as defined in 18 U.S.C. §
1030(e)(I)), other electronic communications or data storage devices or media,] 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 offender
must 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 offender 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.

3. Provide complete disclosure of personal and business financial records to the probation officer as requested.

4. Notify the Collections Unit, United States Attorney's Office, of any interest in property obtained, directly or
indirectly, including any interest obtained under any other name, or entity, including a trust, partnership or
corporation.

5. Notify the Collections Unit, United States Attorney's Office, before transferring any interest in property owned,
directly or indirectly, including any interest held or owned under any other name, or entity, including a trust,
partnership or corporation.

6. Be prohibited from opening checking accounts or incurring new credit charges or opening additional lines of
credit without approval of the probation officer.

3 :21-CR-01463-JLS
Case 3:21-cr-01463-JLS Document 57 Filed 09/09/22 PageID.214 Page 6 of 6

A0245S Judgment in Criminal Case
Sheet 5 - Criminal Monetary Penalti es

Judgment - Page 6 of 6
DEFENDANT: SAMIR HAJ (2) D
CASE NUMBER: 21-CR-0 1463-JLS

RESTITUTION

The defendant shall pay restitution in the amount of $86,754.00 unto the United States of America.

This sum shall be paid __ immediately.
" as follows:
Pay restitution in the amount of$86,754 to the victims noted below through the Clerk, U. S. District Court. Payment of
restitution shall be forthwith. The defendant shall pay the restitution during his supervised release at the rate of $1,000.00
per month. These payment schedules do not foreclose the United States from exercising all legal actions, remedies, and
process available to it to collect the restitution judgment.
Defendant shall be jointly and severally liable to pay restitution with co-defendants/co-conspirators for the same losses.
The presently known co-defendants/co-conspirators are listed on the face sheet of this report ..
Until restitution has been paid, the defendant shall notify the Clerk of the Court and the United States Attorney's Office
of any change in the defendant's mailing or residence address, no later than thirty (30) days after the change occurs.

Victim Amount
NFC Collections Section $52,835
Attn: DOJ Restitution
RE: FP&F 2021250400038901
P.O. Box 68907
Indianapolis, IN 46268

U.S. Customs and Border Protection $33,919
9945 Customhouse Plaza
San Diego, CA 92154

The Court has determined that the defendant does not have the ability to pay interest. It is ordered that:

The interest requirement is waived.

The interest is modified as follows :

21-CR-0 1463-JLS

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SHA-256: ffe40560eb086fd644dd78fcbd5b9f3f4ec2bca2aff71a2056a03bce177f2b36
Our copy: 57-judgment.pdf
Original: archive.org