¢
`
`AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
`
`Case 3:20-cr-00713-JLS Document 296 Filed 06/30/23 Pagel.1236-Page 1 of 3
`
`UNITED STATES DISTRICT COURT.) 0 2023.
`7
`SOUTHERN DISTRICT OF CALIFORNIA Se Som
`
`UNITED STATES OF AMERICA
`JUDGMENTIN alentCASE ¢
`lon|
`
`Vv.
`(For Offenses Committed On or AfterNovember Besa 87)
`HARLAN HIGA (22)
`Case Number:
`3:20-CR-00713-JLS
`
`4
`
`USM Number
`
`46829-048
`
`C] _
`
`THE DEFENDANT:
`
`Elliott N Kanter
`Defendant’s Attorney
`
`pleaded guilty to count(s)
`
`lof the Superseding Information
`
`L] was found guilty on count(s)
`after a plea of not guilty.
`
`Accordingly, the defendantis adjudged guilty of such count(s), which involve the following offense(s):
`
`Title and Section / Nature of Offense
`21:843(b), 846 - Use Of A Communication Facility To Facilitate The Commission Of A Controlled Substance Offense
`
`Count
`1
`
`The defendantis sentenced as provided in pages 2 through
`The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
`
`5
`
`ofthis judgment.
`
`L] The defendanthasbeen found not guilty on count(s)
`
`~] Count(s)
`
`Remaining
`
`is
`
`dismissed on the motion of the United States.
`
`os
`S] Assessment: $100.00 payable forthwith
`
`CL]
`
`JVTA Assessment*: $
`
`*Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
`, included herein.
`Nofine
`L] Forfeiture pursuant to order filed
`IT 1S ORDEREDthat the defendant must notify the United States Attorney forthis district within 30 days of any
`change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed bythis
`judgmentare 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.
`
`Date of Imposition of Sentence
` ON. JANIS L. SAMMARTINO
`
`NITED STATES DISTRICT JUDGE
`
`

`

`co
`
`Case 3:20-cr-00713-JLS Document 296 Filed 06/30/23 PagelD.1237 Page 2of5
`
`AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
`
`HARLANHIGA(2)
`DEFENDANT:
`_ CASE NUMBER: —___3:20-CR-00713-JLS
`
`:
`
`Judgment- Page 2 of 5
` ~~ -
`
`
`IMPRISONMENT
`The defendantis hereby committed to the custody of the Federal Bureau ofPrisons to be imprisonedfora total term of:
`TIME SERVED
`
`OO
`
`Sentence imposed pursuantto Title 8 USC Section 1326(b).
`The court makes the following recommendations to the Bureau of Prisons:
`
`The defendant is remandedto the custody of the United States Marshal.
`
`The defendant must surrender to the United States Marshalfor this district:
`
`CL]
`
`LJ
`
`at
`
`A.M.
`
`on
`
`as notified by the United States Marshal.
`
`The defendant must surrender for service of sentenceat the institution designated by the Bureau of
`Prisons:
`
`L)
`
`()
`
`CL]
`
`onorbefore
`
`as notified by the United States Marshal.
`
`as notified by the Probation or Pretrial Services Office.
`
`RETURN
`
`I have executed this judgmentas follows:
`
`Defendant delivered on
`
`to
`
`at
`
`, with a certified copy of this judgment.
`
`UNITED STATES MARSHAL
`
`By
`
`DEPUTY UNITED STATES MARSHAL
`
`3:20-CR-00713-JLS
`
`

`

`Case 3:20-cr-00713-JLS Document 296 Filed 06/30/23 PagelD.1238 Page 3of5
`
`AO 245B (CASD Rev.1/19) Judgment in a Criminal Case
`
`DEFENDANT:
`CASE NUMBER:
`
`HARLANHIGA (2)
`3:20-CR-00713-JLS_
`
`Judgment - Page 3 of 5
`
`SUPERVISED RELEASE
`Upon release from imprisonment, the defendant will be on supervised release for a term of:
`| YEAR
`
`~~oN
`
`MANDATORY CONDITIONS
`The defendant must not commit another federal, state or local crime.
`The defendant must not unlawfully possess a controlled substance.
`The defendant mustnot 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 imprisonmentand atleast
`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.
`LlThe 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)
`LI The defendant must makerestitution in accordance with 18 U.S.C. §§ 3663 and 3663A or anyotherstatute authorizing
`a sentence ofrestitution. (check if applicable)
`The defendant must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
`_]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 ofPrisons, or any state sex offenderregistration agency in
`the location where the defendantresides, works, is a student, or was convicted of a qualifying offense. (check if
`applicable)
`C)The defendant mustparticipate in an approved program for domestic violence. (checkif applicable)
`
`‘he defendant must comply with the standard conditions that have been adopted by this court as well as with any other
`onditions on the attached page.
`
`3:20-CR-00713-JLS
`
`

`

`,
`
`Case 3:20-cr-00713-JLS Document 296 Filed 06/30/23 PagelD.1239 Page 4of5
`
`AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
`
`DEFENDANT:
`CASE NUMBER:
`
`HARLANHIGA(2)
`3:20-CR-00713-JLS
`
`Judgment- Page 4 of 5
`
`STANDARD CONDITIONS OF SUPERVISION
`
`Aspart of the defendant’s supervised release, the defendant must comply with the following standard conditions of
`supervision. These conditions are imposed becausethey establish the basic expectations for the defendant’s behavior
`while on supervision andidentify 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.
`
`1. The defendant must report to the probation office in the federal judicial district where they are authorized to reside within 72
`hoursof their release from imprisonment, unless the probation officer instructs the defendantto report to a different probation
`office or within a different time frame.
`
`2. Afterinitially reporting to the probation office, the defendant will receive instructions from the court or the probation officer
`about how and whenthe defendant mustreport to the probation officer, and the defendant must report to the probationofficer
`as instructed.
`
`3. The defendant must not knowingly leave the federal judicial district where the defendantis authorized to reside withoutfirst
`getting permission from the court or the probation officer.
`
`4, The defendant must answertruthfully 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 theylive or
`anything about their living arrangements (such as the people living with the defendant), the defendant mustnotify the
`probation officer at least 10 days before the change.If notifying the probation officer in advanceis not possible due to
`unanticipated circumstances, the defendant mustnotify 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 probationofficer to take any items prohibited by the conditionsoftheir 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 musttry 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 astheir position or their job responsibilities), the defendant must notify the
`probation officer at least 10 days before the change.If notifying the probation officer at least 10 days in advanceis not possible
`due to unanticipated circumstances, the defendant mustnotify the probation officer within 72 hours of becoming awareofa
`change or expected change.
`
`8. The defendant must not communicate or interact with someone they know is engagedin criminalactivity. 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.
`
`Ifthe defendantis arrested or questioned by a law enforcementofficer, 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 nunchakusortasers).
`
`11. The defendant must not act or make any agreement with a law enforcementagencyto act as a confidential human source or
`informant withoutfirst getting the permission of the court.
`
`12.If the probation officer determines the defendant posesa risk to another person (including an organization), the probation
`officer may require the defendantto 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 abouttherisk.
`
`13. The defendant must follow the instructions of the probation officer related to the conditions of supervision.
`
`3:20-CR-00713-JLS
`
`

`

`Case 3:20-cr-00713-JLS Document 296 Filed 06/30/23 PagelD.1240 Page 5of5
`
`AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
`
`DEFENDANT:
`CASE NUMBER:
`
`HARLANHIGA (2)
`3:20-CR-00713-JLS
`
`Judgment - Page 5 of 5
`
`SPECIAL CONDITIONS OF SUPERVISION
`
`1. Submit your person, property, house, residence, vehicle, papers, computers (as defined in 18
`U.S.C. § 1030(e)(1)), 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 pursuantto 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.
`
`'f
`
`3:20-CR-00713-JLS
`
`