Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page1of 7
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`(form modified within District on Sept. 30, 2019)
`Judgment in a Criminal Case
`0 245B (Rev. 09/19}
`Sheet |
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`UNITED STATES DISTRICT COURT
`
`Southern District of New York
`
`UNITED STATES OF AMERICA
`v.
`
`Max Jose Lamarche
`
`CHE DEFENDANT:
`
`JUDGMENTIN A CRIMINAL CASE
`
`)
`
`)
`)
`
`Case Number: 7:21-CR-502-PMH
`
`USM Number: 48779-508
`
`
`Sean Maher
`-
`Defendant's Attorney
`
`_
`
`
`1 of the Indictment
`d pleaded guilty to count(s)
`“| pleaded nolo contendere to count(s)
`which was accepted by the court.
`1] was found guilty on count(s)
`after a plea of not guilty.
`
`“he defendant is adjudicated guilty of these offenses:
`
`Citle & Section
`
`Nature of Offense
`
`'| U.S.C. § 846
`
`Conspiracy to Distribute Narcotics
`
`'1 U.S.C. § 841(b)(1)(B)
`
`Offense Ended
`
`Count
`
`6/4/2021
`
`1
`
`The defendant is sentenced as provided in pages 2 through
`he Sentencing Reform Act of 1984.
`
`¢
`
`ofthis judgment. The sentence is imposed pursuantto
`
`
`
`dismissed on the motion of the United States.
`
`“] The defendant has been found not guilty on count(s)
` [lis (Clare
`
`_} Count(s)
`
`
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`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 1 of 7
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`attomey for this district within 30 days of any change ofname, residence
`It is ordered that the defendant must notify the United States
`» mailing address untilall fines,restitution,costs, and special assessments imposed by thisjudgmentare fully paid. Iforderedto pay restitutior
`he defendant must notify the court and United States attorney of material changes m economic circumstances.
`
`2/6/2024
`Date of Imposition of Judgment
`
`yw
`
`Signature ofJudge
`
`Hon. Philip M. Halpern, U.S.D.J.
`Name and Title of Judge
`
`AL¢free
`
`Date
`
`

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`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 2 of 7
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`2 245B (Rev. 09/19) Judgment in Criminal Case
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`JEFENDANT: Max Jose Lamarche
`*ASE NUMBER:
`7:21-CR-502-PMH
`
`Judgment — Page
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`2
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`of
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`7
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`The defendantis hereby committed to the custody of the Federal Bureau ofPrisons to be imprisoned for a
`total term of
`60 months
`
`IMPRISONMENT
`
`W\ The court makes the following recommendationsto the Bureau of Prisons:
`The Court recommendsto the Bureau of Prisons that the Defendant be designated to the FCI facility closest to New
`York City, with the exception of MDC Brooklyn. The Court also recommendsthat the Defendantparticipate in the
`Residential Drug Abuse Program (RDAP).
`
`The defendant is remanded to the custody of the United States Marshal.
`
`[ The defendantshall surrender to the United States Marshal for this district:
`Li Liam ©] pm_—on at
`
`
`
`
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`[1 asnotified by the United States Marshal.
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`( The defendant shall surrenderfor service of sentence at the institution designated by the Bureau of Prisons:
`
`[1 before 2 p.m. on
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`Cd
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`C1
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`as notified by the United States Marshal.
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`as notified by the Probation or Pretrial Services Office.
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`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 2 of 7
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`I have executed this judgmentas follows:
`
`RETURN
`
`Defendant delivered on
`
`
`to
`
`
`at
`
`
`
`, with a certified copy ofthis judgment.
`
`
`UNITED STATES MARSHAL
`
`By
`DEPUTY UNETED STATES MARSHAL
`
`

`

`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 3 of 7
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`> 2458 (Rev. 09/19)
`
`Judgment ina Criminal Case
`Sheet 3 — Supervised Release
`
`IEFENDANT: Max Jose Lamarche
`‘ASENUMBER: 7:21-CR-502-PMH
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`SUPERVISED RELEASE
`
`Jpon release from imprisonment, you will be on supervised release for a term oft
`
`4 years
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`Judgment—Page
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`3
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`of
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`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 3 of 7
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`MANDATORY CONDITIONS
`
`You must not commit anotherfederal, state or loca! crime.
`1.
`You must not unlawfully possess a controlled substance.
`34.
`You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days ofrelease from
`imprisonment and atleast two periodic drug tests thereafter, as determined by the court.
`[1] The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future
`substance abuse. (check ifapplicable)
`(© You must makerestitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any otherstatute authorizing a sentence of
`restitution. (check ifapplicable)
`1 You must cooperate in the collection of DNAasdirected by the probation officer. (check iapplicable)
`C1] 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 offenderregistration agency in the location where you
`reside, work, are a student, or were convicted of a qualifying offense. (check ifapplicable)
`(1 You must participate in an approved program for domestic violence. (check ifapplicable}
`7.
`You must comply with the standard conditions that have been adopted bythis court as well as with any other conditions on the attached
`
`4.
`5.
`6.
`
`page.
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`

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`Case 7:21-cr-r-00502-PMH Document 123 Filed 02/07/24 Page 4 of 7
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`
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`
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`Judgment—Page
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`a
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`Judgmentin 4 Criminal Case
`> 245B (Rev. 09/19)
`Sheet 34 —- Supervised Release
`
`JFEENDANT: Max Jose Lamarche
`‘ASE NUMBER: 7:24-CR-502-PMH
`STANDARD CONDITIONS OF SUPERVISION
`Aspartofyoursupervisedrelease,youmustcomplywiththefollowingstandardconditionsofsupervision. Theseconditionsareimposed
`becausetheyestablishthebasicexpectationsforyourbehaviorwhileonsupervisionandidentifytheminimumtoolsneededbyprobation
`officerstokeepinformed,reporttothecourtabout,andbringaboutimprovementsinyourconductandcondition.
`i. Youmustreporttotheprobationofficeinthefederaljudicialdistrictwhereyouareauthorizedtoresidewithin72hoursofyour
`releasefromimprisonment,unlesstheprobationofficerinstructsyoutoreporttoadifferentprobationofficeorwithinadifferenttime
`2.
`Afterinitiallyreportingtotheprobationoffice,youwillreceiveinstructionsfromthecourtortheprobationofficerabouthowand
`whenyoumustreporttotheprobationofficer,andyoumustreportfotheprobationofficerasinstructed.
`3.
`‘Youmustnotknowinglyleavethefederaljudicialdistrictwhereyouareauthorizedtoresidewithoutfirstgettingpermissionfromthe
`5 Youmustliveataplaceapprovedbytheprobationofficer.Ifyouplantochangewhereyouliveoranythingaboutyourliving
`4. Youmust answettruthfully the questions askedbyyour probation officer.
`court or the probation officer.
`arrangements(suchasthepeopleyoulivewith),youmustnotifytheprobationofficeratleast10daysbeforethechange.Ifnotifying
`theprobationofficerinadvanceisnotpossibleduetounanticipatedcircumstances,youmustnotifytheprobationofficerwithin72
`6.
`Youmustallowtheprobationofficertovisityouatanytimeatyourhomeorelsewhere,andyoumustpermittheprobationofficert
`hours ofbecoming aware of a change or expected change.
`takeany itemsprohibitedbytheconditionsofyoursupervisionthatheorsheobservesinplainview.
`7, Youmustworkfulltime(atleast30hoursperweek)atalawfultypeofemployment,unlesstheprobationofficerexcusesyoufrom
`doingso. Ifyoudonothavefull-timeemploymentyoumusttrytofindfull-timeemployment,unlesstheprobationofficerexcuses
`youfromdoingso.Ifyouplantochangewhereyouworkoranythingaboutyourwork(suchasyourpositionoryourjob
`responsibilities),youmustnotifytheprobationofficeratleast10daysbeforethechange.Ifnotifyingtheprobationofficeratleast|
`daysinadvanceisnotpossibleduetounanticipatedcircumstances,youmustnotifytheprobationofficerwithin72hoursofbecom
`3.
`Youmustnotcommunicateorinteractwithsomeoneyouknowisengagedincriminalactivity. Ifyouknowsomeonehasbeen
`convictedofafelony,youmustnotknowinglycommunicateorinteractwiththatpersonwithoutfirstgettingthepermissionofthe
`Ifyouarearrestedorquestionedby@lawenforcementofficer,youmustnotifytheprobationofficerwithin72hours.
`9,
`10. Youmustnotown,possess,ofhaveaccesstoafirearm,ammunition,destructivedevice,ordangerousweapon(ie.,anythingthat’
`designed,orwasmodifiedfor,thespecificpurposeofcausingbodilyinjuryoFdeathtoanotherpersonsuchasnunchakusortaser:
`L1. YoumustnotactormakeanyagreementwithalawenforcementagencytoactasaconfidentialhumansourceOFinformantwithe
`12. Youmustfollowtheinstructionsoftheprobationofficerrelatedtotheconditionsofsupervision.
`first getting the permission ofthe court.
`
`frame.
`
`aware of a chatige OF expected change.
`
`probation officer.
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`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 4 of 7
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`US. Probation Office Use Only
`
`AUS.probationofficerhasinstructedmeontheconditionsspecifiedbythecourtandhasprovidedmewithawrittencopyofthis
`judgmentcontainingtheseconditions.Forfurtherinformationregardingtheseconditions,seeOverviewofProbationandSupervised
`Release Conditions, available at: WWW.USCcowts.20¥.
`Defendant'sSignature
`Date
`
`

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`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 5of7
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`.O 245B (Rev. 09/19)
`
`Judgmentin a Criminal Case
`Sheet 3B — Supervised Release
`
`JEFENDANT: Max Jose Lamarche
`SASE NUMBER: 7:21-CR-502-PMH
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`Judgment—Page
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`5
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`of
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`7
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`ADDITIONAL SUPERVISED RELEASE TERMS
`Youwill participate in an outpatient treatment program approved by the United States Probation Office, which program may
`include testing to determine whether you have reverted to using drugs or alcohol. You must contribute to the cost of
`services rendered based on your ability to pay and the availability of third-party payments. The Court authorizes the
`releaseof available drug treatment evaluations and reports, including the presentence investigation report, to the
`substance use disorder treatment provider.
`You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication,
`data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if
`needed, with the assistance of any law enforcement. The search is to be conducted whenthere is reasonable suspicion
`concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to
`a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject
`to searches pursuantto this condition. Any search shal! be conducted at a reasonable time and in a reasonable manner.
`It is recommended that you be supervised bythe district of residence.
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`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 6 of 7
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`9 245B (Rev. 09/19)
`Judgment in a Criminal Case
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`
`
`
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`SetCrmitvalMonetaryPemaSSJudgment —- Page 6 of é
`DEFENDANT: Max Jose Lamarche
`ASE NUMBER:7:21-CR-502-PMH
`CRIMINAL MONETARY PENALTIES
`
`The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet6.
`
`TOTALS
`
`Assessment
`$ 100.00
`
`Restitution
`
`$
`
`Fine
`
`$
`
`
`AVAAAssessment*
`
`$
`
`$
`
`JVTA Assessment**
`
`[1] The determination of restitution is deferred until
`entered after such determination.
`
`_ An Amended Judgment in a Criminal Case (AO 245C) will be
`
`[] The defendant must makerestitution (including community restitution) to the following payeesin the amountlisted below.
`Ifthe defendant makesa partial payment, each payee shall receive an approximatelypro ortioned payment, unless specified otherwisei
`the priority order or percentage payment column elow. However, pursuant to 18°U.S.C. § 36641 all nonfederal victims must be pa!
`before the United States is paid.
`
`2
`
`Name of Payee
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`Total Loss***
`
`
`Restitution Ordered
`
`Priority or Percentage
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`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 6 of 7
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`TOTALS
`
`$
`
`0.00
`
`$
`
`0.00
`
`(]
`
`(1
`
`Restitution amount ordered pursuant to plea agreement $
`
`The defendant must pay interest on restitution and a fine ofmore than $2,500, unless the restitution orfine is paid in full before the
`fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All ofthe 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 forthe
`
`[]
`
`fine
`
`(restitution.
`
`the interest requirement forthe
`
`[]
`
`fine
`
`(1)
`
`restitution is modified as follows:
`
`* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of2018, Pub, L. No, 115-299,
`+* Justice for Victims of Trafficking
`Act of 2015, Pub. L. No. 114-22.
`*+* Findings for the total amount of
`lossesare re uired under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed or
`or after September 13, 1994, but before April 23,
`1996.
`
`

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`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 7 of 7
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`7
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`Judgment — Page
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`7
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`of
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`O 245B (Rev. 609/19)
`
`Judgment in a Criminal Case
`Sheet 6 — Schedule of Payments
`
`JEFENDANT: Max Jose Lamarche
`“ASE NUMBER: 7:21-CR-502-PMH
`
`SCHEDULE OF PAYMENTS
`
`Having assessed the defendant’s ability to pay, paymentofthe total criminal monetary penalties is due as follows:
`A
`WM] Lumpsumpaymentof$ 100.00
`due immediately, balance due
`
`[1] notlaterthan
`Cl
`inaccordance with [] C,
`
`, or
`[] D, 1 E,or
`
`L] F below; or
`
`B
`Cc
`
`D
`
`E
`
`F
`
`[0
`Payment to begin immediately (may be combined with
`(IC,
`MP,or OF below); or
`
`[© Paymentinequal
`_
`(e.g. weekly, monthly, quarterly) installments of $ over a period of
`__ f@.g,, months oryears), to commence _
`___ e.g., 36 or 60 days) after the date ofthis judgment; or
`
`OO Payment in equal
`(e.g., weekly, monthly, quarterly) installments of $
`over a period of
`(e.g., months or years), to commence
`(e.2., 30 or 60 days) after release from imprisonmentto a
`term of supervision; or
`(e.g., 30 or 60 days) after release from
`[Payment during the term of supervised release will commence within
`imprisonment. The court will set the payment plan based on an assessment ofthe defendant’s ability to pay at that time; or
`Special instructions regarding the paymentof criminal monetary penalties:
`
`[0
`
`Unless the courthas expressly ordered otherwise, ifthisjudgmentimposes imprisonment, payment ofcriminal monetarypenalties is due during
`the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate
`Financial Responsibility Program, are madeto the clerk of the court.
`
`The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
`
`Case 7:21-cr-00502-PMH Document 123 Filed 02/07/24 Page 7 of 7
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`[]
`
`Joint and Several
`
`Case Number
`Defendant and Co-Defendant Names
`(including defendant number)
`
`Total Amount
`
`.
`Joint and Several
`Amount
`
`.
`CorrespondingPayee,
`if appropriate
`
`[]
`
`C]
`
`[1
`
`The defendantshail pay the cost of prosecution.
`
`The defendant shall pay the following court cost(s):
`
`The defendantshall forfeit the defendant’s interest in the following property to the United States:
`
`Payments shall be applied in the following order: (1) assessment, @) restitution principal, (3) restitution interest, (4) AVAA assessment,
`(5) fine principal, (6)
`fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of
`prosecution and court costs,
`
`