AO 245B (Rev. 6/05 - Judgment in a Criminal Case

United States District Court

Northern District of California

UNITED STATES OF AMERICA

v.

CHUCK SIVIL

JUDGMENT IN A CRIMINAL CASE

USDC Case Number: CR-09-00906-001 SI

BOP Case Number: DCAN309CR000906-001 

USM Number: 14386-111 

Defendant’s Attorney :Robert Breakstone 

THE DEFENDANT:

[x] pleaded guilty to count(s): One of the Information .

[ ] 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 offense(s):

Title & Section Nature of Offense

Offense

Ended Count

42:7413(c)(2)(c) Violation of the Clean Air Act 12/06 1

The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the

Sentencing Reform Act of 1984.

[ ] 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 any material changes in economic circumstances.

January 22, 2010

Date of Imposition of Judgment

Signature of Judicial Officer

Honorable Susan Illston, U. S. District Judge

Name & Title of Judicial Officer

1/27/10

Date

Case 3:09-cr-00906-SI Document 12 Filed 01/27/10 Page 1 of 5
AO 245B (Rev. 12/03) (CAND Rev. 3/07) Judgment in a Criminal Case - Probation

DEFENDANT: CHUCK SIVIL Judgment - Page 2 of 5

CASE NUMBER: CR-09-00906-001 SI

PROBATION

The defendant is hereby sentenced to probation for a term of 3 years .

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 placement on probation and two periodic drug tests thereafter.

[x] 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.)

[x] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check if

applicable.)

[x] The defendant shall cooperate in the collection of DNA as direct 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 direct 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 probation 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 with any additional

conditions in this judgment.

Any appearance bond filed on behalf of the defendant is hereby exonerated.

STANDARD CONDITIONS 

1) The defendant shall not leave the judicial district without 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 dependants 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.

Case 3:09-cr-00906-SI Document 12 Filed 01/27/10 Page 2 of 5
AO 245B (Rev. 12/03) (CAND Rev. 3/07) Judgment in a Criminal Case - Probation

DEFENDANT: CHUCK SIVIL Judgment - Page 3 of 5

CASE NUMBER: CR-09-00906-001 SI

SPECIAL CONDITIONS OF PROBATION

1) The defendant shall perform 200 hours of community service as directed by the probation officer. If possible,

the community service shall be in the area of the health effects of air pollution.

2) The defendant shall consent and perform, for a period of one year, to be monitored by the form of location

monitoring indicated below and shall abide by all of the requirements established by the probation office related

to the use of this location monitoring technology. The defendant shall pay all or part of the cost of participation

in the location monitoring program, based on their ability to pay as directed by the probation officer 

Case 3:09-cr-00906-SI Document 12 Filed 01/27/10 Page 3 of 5
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments

 DEFENDANT: CHUCK SIVIL Judgment - Page 4 of 5 

 CASE NUMBER: CR-09-00906-001 SI

 * 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.

CRIMINAL MONETARY PENALTIES

 The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine Restitution

Totals: $ 100.00 $ $ 

[ ] The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C)

will be entered after such determination.

[ ] The defendant shall 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 proportional 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 Total Loss* Restitution Ordered Priority or Percentage

 Totals: $ $ 

[ ] 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 [ ] fine [ ] restitution.

[ ] the interest requirement for the [ ] fine [ ] restitution is modified as follows:

 

Case 3:09-cr-00906-SI Document 12 Filed 01/27/10 Page 4 of 5
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments

 DEFENDANT: CHUCK SIVIL Judgment - Page 5 of 5 

 CASE NUMBER: CR-09-00906-001 SI

 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.

SCHEDULE OF PAYMENTS

 Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as

follows:

A [x] Lump sum payment of $100.00 due immediately, balance due

[ ] not later than , or

[ ] in accordance with ( ) C, ( ) D, ( ) E or ( ) F below; or

B [ ] Payment to begin immediately (may be combined with ( ) C, ( ) 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: 

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

Defendant and codefendant Names Case Numbers

(including

defendant number)

Total Amount Joint and Several

Amount

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:

Case 3:09-cr-00906-SI Document 12 Filed 01/27/10 Page 5 of 5