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Case5:11-cr-00554-EJD Document124 Filed01/21/14 Page1 of 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA *E-FILED* TOTAL TIME; 3 hrs CRIMINAL MINUTES Judge: Edward J. Davila Date: January 21, 2014 Case No.: CR-09-00670 EJD Related Case No.: CR-11-00554-EJD Courtroom Deputy: Elizabeth Garcia Court Reporter: Irene Rodriguez U.S. Probation Officer: N/A U.S. Pretrial Services Officer: N/A Interpreter: N/A CASE TITLE USA v. David Russell Foley (NC)(P) APPEARANCES Attorney(s) for Government: Hanley Chew, Susan Knight Attorney(s) for Defendant(s): Jerome Mullins PROCEEDINGS 1. Sentencing Proceedings 2. Defense Motion for Amended Probation Report, Finding of Facts re Sentencing Objections and for Downward Departure (Doc. 240 in 09-670 and 120 in 11-554) ORDER AFTER HEARING Hearing held. The Court addressed defense counsels motion (Doc. 240 in 09-670 and 120 in 11-554) on the record. Please see transcript for rulings. The Motion is TERMINATED. The Court sentenced the Defendant as to Count One of the Superseding Indictment in Case No. 09-00670 and Count One of the Indictment in Case No. 11-0554. The court commited the defendant to 24 months BOP custody as to each count, each count to run concurrently to each other, THREE (3) years supervised release as to each count, each count to run concurrently to each other, $200 special assessment ($100 per count), $5,000 fine ($200 payments per month). The Goverment moved to dismiss all remaining counts as to each case. The Court GRANTED the request for the reasons stated on the record. The defendant shall self-surrender on March 27, 2014 at 2:00 PM. Defendant notified of appeal rights.

Exhibit Admitted into Evidence (Defense Exhibit): Stith, Kate and Cabranes, Jose. 1998. Fear of Juding: Sentencing Guidelines in the Federal Court. (book)

P/NP: Present, Not Present C/NC: Custody, Not in Custody I: Interpreter

Elizabeth C. Garcia Courtroom Deputy Original: Efiled C.Escolano CC: