MOTION TO CLARIFY CONDITIONS OF SUPERVISED RELEASE

ANDREW P. GORDON, District Judge.

This is Defendant Myong Ho Pak's MOTION TO CLARIFY the conditions of his supervised release. On September 8, 2014, Mr. Pak entered a plea of guilty to an Information charging him with one count of tax evasion, in violation of 26 U.S.C. § 7201. The Court sentenced Mr. Pak to three years' probation on December 10, 2014. See Judgment, Doc. 18. In addition to the standard conditions and other special conditions of release, the Court ordered Mr. Pak to serve the first six months of his probation on home confinement. Id. Mr. Pak now respectfully requests the Court to clarify the conditions of release to permit Mr. Pak to make extremely limited business-related trips to California while on home confinement.

In sentencing Mr. Pak to probation rather than incarceration, the Court was particularly cognizant of the instrumental role Mr. Pak plays in keeping his business, Yama Sushi, operational and its 63 employees working. See Sentencing Transcript, Doc. 19 at 22:12-17. Although the Court imposed the special condition of home confinement for the first six months of probation, it also encouraged Mr. Pak to "keep [his] business running to help the employees and other businesses that benefit from [it][.]" Id. at 22:8-11. Fulfilling the Court's wishes and keeping Yama Sushi operational requires Mr. Pak to make sparse, brief trips to California to engage and negotiate with nearly a dozen vendors and wholesalers, and to inspect and contract for the fish that Mr. Pak imports to his Las Vegas restaurant in significant amounts. Therefore, Mr. Pak respectfully requests the Court to clarify its conditions of home confinement to include business trips to California, not to exceed one trip per month, three days and two nights per trip.

Mr. Pak proposes several procedures in connection with the travel to safeguard the strictness and punitive nature of his home confinement. Mr. Pak shall notify his probation officer no less than 24 hours prior to his departure to California. Mr. Pak shall also provide his probation officer with a detailed itinerary, including his departure date, flight reservations (if any), hotel reservations (if any), and date and time of return. Mr. Pak shall then notify his probation officer no less than 24 hours after his return. In this way, the Court and Probation can be assured that Mr. Pak's travel is necessary, and as infrequent and brief as possible.

Undersigned counsel conferred with the Government and Probation regarding this motion for clarification on January 27, 2015. The Government indicated it has no position on the motion, and defers to Probation. Probation stated that it has no objection to the travel or the proposed procedures. Probation also stated that, in its opinion, Mr. Pak's time in California should not count toward his term of home confinement, and that each night he spends in California should result in an additional day on the back end of his six months' confinement. Because the limited business trips Mr. Pak proposes are necessary to continue Yama Sushi's operation, as the Court encouraged, and will be infrequent and brief, Mr. Pak maintains that additional days should not be added to his term of home confinement for time spent working in California. Accordingly, Mr. Pak respectfully requests that the Court clarify its special conditions to allow Mr. Pak to travel for business to California once per month, for no longer than three days, and that such trips not result in additional time of home confinement.

ORDER

Based upon defendant Myong Ho Pak's Motion to Clarify, and good cause appearing.

IT IS HEREBY ORDERED that defendant Myong Ho Pak's Motion Clarify is GRANTED. The Court's imposition of six months' home confinement as part of defendant's special conditions of release is clarified as follows: