AO 245B (Rev. AO 11/16-CAN 04/18) Judgment in Criminal Case

UNITED STATES DISTRICT COURT

Northern District of California

UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE

v. )

Peiwen Zhou ) USDC Case Number: CR-17-00091-001 JD

) BOP Case Number: DCAN417CR00091-001

) USM Number: 24131-111 

) Defendant’s Attorney: Adam Pennell & Paul Wolf (Retained)

THE DEFENDANT:

pleaded guilty to counts: 1&2 of the Superseding Indictment

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 Nature of Offense Offense Ended Count

49 U.S.C. § 5124 Hazardous Materials Transportation Act July 3, 2014 One

15 U.S.C. §§ 2614 and 

2615(b)(1)

Toxic Substances Control Act September 19, 2012 Two

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. 

The defendant has been found not guilty on count(s): 

Count(s) 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.

May 23, 2018

Date of Imposition of Judgment

Signature of Judge

The Honorable James Donato

United States District Judge

Name & Title of Judge

May 31, 2018

Date
AO 245B (Rev. AO 11/16-CAN 04/18) Judgment in Criminal Case

DEFENDANT: Peiwen Zhou Judgment - Page 2 of 6

CASE NUMBER: CR-17-00091-001 JD

PROBATION

The defendant is hereby sentenced to probation for a term of: Five (5) years.

The appearance bond is hereby exonerated. Any cash bail plus interest shall be returned to the owner(s) listed on the Affidavit of 

Owner of Cash Security form on file in the Clerk's Office.

MANDATORY CONDITIONS OF SUPERVISION

1) You must not commit another federal, state or local crime.

2) You must not unlawfully possess a controlled substance.

3) You must refrain from any unlawful use of a controlled substance. You 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.

The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future 

substance abuse. (check if applicable)

4) You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

5) You 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 which you 

reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)

6) You must participate in an approved program for domestic violence. (check if applicable)

7) You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if 

applicable)

8) You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.

9) If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.

10) You must notify the court of any material change in your economic circumstances that might affect your ability to pay 

restitution, fines, or special assessments.

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the

attached page.
AO 245B (Rev. AO 11/16-CAN 04/18) Judgment in Criminal Case

DEFENDANT: Peiwen Zhou Judgment - Page 3 of 6

CASE NUMBER: CR-17-00091-001 JD

STANDARD CONDITIONS OF SUPERVISION

As part of your probation, you must comply with the following standard conditions of supervision. These conditions are imposed 

because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by

probation officers to keep informed, report to the court, and bring about improvements in your conduct and condition.

1) You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of 

the time you were sentenced, unless the probation officer instructs you to report to a different probation office or within a 

different time frame.

2) After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how 

and when you must report to the probation officer, and you must report to the probation officer as instructed.

3) You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission 

from the court or the probation officer.

4) You must follow the instructions of the probation officer related to the conditions of supervision.

5) You must answer truthfully the questions asked by your probation officer.

6) You must live at a place approved by the probation officer. If you plan to change where you live or anything about your 

living arrangements (such as the people you live with, for example), you must notify the probation officer at least 10 days 

before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must 

notify the probation officer within 72 hours of becoming aware of a change or expected change.

7) You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation 

officer to take any items prohibited by these and the special conditions of your supervision that he or she observes in plain

view.

8) You must work at least part-time (defined as 20 hours per week) at a lawful type of employment unless excused from doing 

so by the probation officer for schooling, training, community service or other acceptable activities. If you plan to change 

where you work or anything about your work (such as your position or your job responsibilities), you must notify the 

probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not 

possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a 

change or expected change.

9) You must not communicate or interact with someone you know is engaged in criminal activity. You must not associate, 

communicate, or interact with any person you know has been convicted of a felony, unless granted permission to do so by the 

probation officer.

10) If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

11) You 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) You 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).

If the probation officer determines that you pose a risk to a third party, the probation officer may require you to notify the 

person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm 

that you have notified the person about the risk. (check if applicable)

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this 

judgment containing these conditions. I understand that the court may (1) revoke supervision, (2) extend the term of supervision, 

and/or (3) modify the conditions of supervision upon a finding of a violation of probation or supervised release. 

(Signed)

Defendant Date

U.S. Probation Officer/Designated Witness Date
AO 245B (Rev. AO 11/16-CAN 04/18) Judgment in Criminal Case

DEFENDANT: Peiwen Zhou Judgment - Page 4 of 6

CASE NUMBER: CR-17-00091-001 JD

SPECIAL CONDITIONS OF SUPERVISION

1. You shall pay any fine and special assessment that is imposed by this judgment and that remains unpaid 

at the commencement of the term of probation.

2. You shall provide the probation officer with access to any financial information, including tax returns, 

and shall authorize the probation officer to conduct credit checks and obtain copies of income tax 

returns.

3. You shall perform 200 hours of community service (no less than 50 yours per year) as directed by the 

probation officer. At least 25 of the 50 annual hours must be completed: giving a presentation at industry 

trainings or trade shows, community colleges/certificate programs, or anywhere else that instructs on the 

shipment of hazardous materials; working with first responders or those who assist with chemical 

spills/leaks; or working with hazardous materials professions interpreting and understanding China’s 

dangerous goods regulations (which are being released in 2018 and will only be available in Chinese). 

However, no more than 10 of the 25 hours can be working with first responders or those who assist with 

chemical spills/leaks, or working with hazardous materials professionals in interpreting and 

understanding China’s dangerous goods regulations. 

Any presentation must be a minimum of 30 minutes, which includes a minimum 15 minute substantive 

presentation on your actions that led to the investigation, prosecution, conviction and sentence, as well 

as the dangers of failing to comply with the regulations, followed by a question and answer period. No 

more than eight additional hours of time spent attending any such training or trade show where each 

presentation is given shall be credited toward the community service requirement. 

4. You shall cooperate in the collection of DNA as directed by the probation officer.

5. You shall submit your person, residence, office, vehicle, electronic devices and their data (including cell 

phones, computers, and electronic storage media), or any property under your control to a search. Such a 

search shall be conducted by a United States Probation Officer or any federal, state or local law 

enforcement officer at any time with or without suspicion. Failure to submit to such a search may be 

grounds for revocation; you shall warn any residents that the premises may be subject to searches.
AO 245B (Rev. AO 11/16-CAN 04/18) Judgment in Criminal Case

DEFENDANT: Peiwen Zhou Judgment - Page 5 of 6

CASE NUMBER: CR-17-00091-001 JD

CRIMINAL MONETARY PENALTIES

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

Assessment JVTA Assessment* Fine Restitution

TOTALS $ 125 N/A $ 40,000 N/A

The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered 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 Total Loss Restitution Ordered Priority or Percentage

TOTALS $ 0.00 $ 0.00

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 is waived for the is modified as follows:

 

* Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.

** 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.
AO 245B (Rev. AO 11/16-CAN 04/18) Judgment in Criminal Case

DEFENDANT: Peiwen Zhou Judgment - Page 6 of 6

CASE NUMBER: CR-17-00091-001 JD

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

A Lump sum payment of _____$40,125________________ due within two weeks of entry of judgment

not later than , or

in accordance with 

B Payment to begin immediately (may be combined with

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:

Criminal monetary payments shall be made to the Clerk of U.S. District Court, 450 Golden Gate Ave., Box 36060, 

San Francisco, CA 94102.

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.

Case Number

Defendant and Co-Defendant Names

(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:

The Court gives notice that this case involves other defendants who may be held jointly and severally liable for payment of all or 

part of the restitution ordered herein and may order such payment in the future, but such future orders do not affect the 

defendant’s responsibility for the full amount of the restitution ordered.

 

 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. D, or D, or Joint and Several C, E, and/or F below); or C, F below); or