Natch, he was a "Young Republican," too, like Don Wagner; plus he was involved in Little League and wore red, white, and blue underwear. I wonder if he was as pious as Don? No doubt.
Well, here's the story (most of which first appeared in DtB three years ago):
Alyn Brannon was a founding trustee of our district. I’ve read through countless accounts of his and his colleagues’ decisions and deliberations back in the day. I’ve tried to imagine that small crew of right-wing, government-hating Republicans, including the Little-League officiating Brannon, attempting to nurture the South County district to greatness. It's an odd picture.
The formation of the first board of trustees was curious, you know. In February of 1967, when all the dust settled, the Times (“Last-Minute Push Elects 5 in New JC District,” Feb. 16, 1967) reported,
In that article, Brannon is described as a young, Republican go-getter:
Only two weeks earlier, the Tustin News reported his candidacy (“Brannon another Tustin JC Candidate,” Feb. 2), laying out unsurprisingly staunch facts about the fellow. He worked with the Little League. He was a member of “Orange County Sports Officials Association and Tustin Area Republican Assembly.”
The News offers his “statement,” which is pretty unremarkable:
Years ago, I did a little digging into our “founding fathers.” Mr. Brannon stood out a bit. (See Charter trustees: the curious Mr. Alyn Brannon.)
I wrote:
I was intrigued.
Lately, I’ve been perusing old newspaper articles, especially concerning the town of Tustin in the early days of our district, and I happened upon the "WHOLE lot more." It turns out that, while serving on the board, Brannon was charged with bookmaking and extortion.
We’ll get to that.
Before that, in July of 1971, he was voted president of the Saddleback Community College District Board of Trustees, succeeding the venerable and respected Hans Vogel, also of Tustin.
That must’ve been swell for him.
Then, a year later, there’s this:
They threatened a guy? What kind of cordiality is that?
And I do believe, my dear fellow, that extortion counts as harassment.
A week later, the Tustin News was on the case:
Gosh, I do hope that, when they decided to break guys’ legs, they were at least fair about it!
A few months later, in December, the Tustin News reports that
In January of 1974, the long-suffering Tustin News—the conscience of Tustin, if, that is, it has a conscience—offers an editorial:
D'ya think?
Five men backed as a slate have been elected to the board of trustees of the new South Coast Junior College District.The local Republicans had their ducks in a row, I guess. The anointed ones were duly elected.
They will take office by March 6….
Top vote-getters in the field of 31 candidates were Louis J. Zitnik, Alyn M. Brannon, Michael T. Collins, Hans William Vogel and Patrick John Backus.
All five had the endorsement of the conservative Committee to Elect Competent Trustees, which made a last-minute, house-to-house distribution of a pamphlet in populous areas throughout the huge district.
In that article, Brannon is described as a young, Republican go-getter:
Brannon … is owner of the friendly Quality Dairy in Tustin. Holder of a master’s degree in industrial relations, he has been an instructor at Santa Ana College in business organization and labor relations. A past president of the Orange County Young Republicans, he is a member of the Tustin Area Republican Assembly.
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| Mr. B |
The News offers his “statement,” which is pretty unremarkable:
“I…believe in ‘home rule’ – that the closer the governing body is to the people the better – provided the size is economically large enough to be efficient.
“The organization and staffing of this college must be studied with great care and using sound business principles…. I think it time that the harassed taxpayer started getting more for his money.
. . .
“I will perform the job to the best of my ability, judging each decision by the following standards: a) Is it fair? b) Is it honest? c) Is it best for the benefit of all concerned?
. . .
“I do not feel that the reception given to those who attend some public meetings has been as cordial as it should be. Some so-called public servants seem to have a superior attitude and treat any questions asked by the citizenry with ridicule….”
I wrote:
1. I Googled "Alyn M. Brannon" and found a recent federal court case record the upshot of which is that someone by that very name pleaded guilty to failing to file his taxes (ten years ago), received probation, and requested a shortening of his probation. Evidently, that person has a prior criminal history ("the Defendant in this case has a prior criminal history and violated the conditions of his pretrial release while awaiting sentencing in this case"). For some reason, the feds took this case very seriously. But is this our “Alyn M. Brannon”?
Incidentally, this tax-evading Brannon often finds/found it necessary to travel to Mexico, which, he argued, made his continuing probation burdensome. The court was unmoved.
This Brannon (age 77 in 2008, hence about age 37 in 1968) had lived in Oklahoma—remember that—but had moved to Arizona by the time of sentencing/appeal.
2. One Alyn M. Brannon, with apparent ties to a business in Tustin (recall that "our" Brannon lived in Tustin), was the operator of a Cessna that crashed in Louisiana, having departed from Oklahoma, in 2002 (See):On June 15, 2002, approximately 2150 central daylight time, a Cessna P210N airplane, N4720P, was substantially damaged after the right main landing gear collapsed during landing roll at the Shreveport Downtown Airport (DTN), Shreveport, Louisiana. The private pilot and his passenger were not injured. The airplane was registered to and operated by Tower Systems Inc., of Tustin, California. [Tower Systems is a computer software firm that sells a very widely used “methadone clinic” software.] Visual meteorological conditions prevailed, and a flight plan was not filed for the 14 Code of Federal Regulations Part 91 personal flight. The flight departed the Shawnee Municipal Airport, Shawnee, Oklahoma, approximately 2030, and was destined for Shreveport.I found another record that indicates that there were no injuries in this incident and that the operator (Brannon) was not also the owner of the aircraft. The operator’s (i.e., Brannon’s) street address was 13422 Wheeler, Santa Ana.
According to the pilot, while on approach to DTN, he lowered the landing gear, and the landing gear extended. However, the landing gear annunciator light (green), confirming the landing gear had extended and locked into position, failed to illuminate. By a visual check, the pilot confirmed the left main landing gear was extended, and the passenger confirmed the right main landing gear was extended. During a low approach over the runway, the tower controller performed a visual check of the nose landing gear, and the controller stated he was 90 percent positive the nose gear was extended. While landing on runway 32, the right main landing gear collapsed, the airplane veered to the right and came to rest upright off the right side of the runway.
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| Cessna P210 |
Again, the departure city was Shawnee, Oklahoma. —So this is likely the tax evader above (how many Alyn M. Brannon's could Oklahoma have?)
Now get this: there’s a record of an Alyn M. Brannon, a resident of Stateline, NV, owning a 1967 Piper. According to a FindTheData record of a report, in February of 1994, while operating that plane in the Lake Tahoe area, Mr. Brannon crashed, totaling the plane.
There was one fatality. [Note: more recent research indicates that Alyn's son, Donald, was alone on the plane when it crashed.]
I have found another FindTheData report according to which one Alyn M. Brannon owns/owned a 1974 Grumman aircraft. Evidently, that Brannon lives/lived in Phoenix, AZ. I have also found a record of an Alyn M. Brannon, owning a Grumman, living in Zephyr Cover, NV.
An anonymous reader left a comment on the above post: “Just to let you know ... yes, this is definitely the same Alyn M. Brannon. He did all the things you mentioned and a whole, WHOLE lot more.”
3. Other records indicate that there is an 80-year-old Alyn M. Brannon (hence, 36 in 1968) who is possibly associated with addresses in Costa Mesa, Santa Ana, Tustin, and Arizona.
You do the math. I think it is likely that these records concern one Alyn M. Brannon, and he's our Alyn M. Brannon.
Gosh, such a guy.
I was intrigued.
Lately, I’ve been perusing old newspaper articles, especially concerning the town of Tustin in the early days of our district, and I happened upon the "WHOLE lot more." It turns out that, while serving on the board, Brannon was charged with bookmaking and extortion.
We’ll get to that.
Before that, in July of 1971, he was voted president of the Saddleback Community College District Board of Trustees, succeeding the venerable and respected Hans Vogel, also of Tustin.
That must’ve been swell for him.
Then, a year later, there’s this:
Alyn M. Brannon, a Saddleback Community College District trustee, will appear Wednesday in Harbor Municipal court for a preliminary hearing on charges of conspiracy to commit bookmaking and extortion.
Brannon…was being held…in Orange County Jail in lieu of $25,000 bail.
District attorney aids said Brannon, a part-time teacher at an Anaheim business school, is suspected of operating a $25,000-a-week gambling operation, booking bets on football, basketball and other sports. He was arrested, officials said, after one bettor was threatened in a dispute over a $2,800 gambling debt. (“Preliminary Hearing Set for Trustee,” LA Times, September 1, 1972.)
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| Mr. Brannon, 1967 |
And I do believe, my dear fellow, that extortion counts as harassment.
A week later, the Tustin News was on the case:
Tustinite Alyn Brannon today awaited an Oct. 4 preliminary hearing on charges of bookmaking and conspiracy growing out of his arrest August 28 by Newport Beach police at the harbor.Two days later, the Times reports:
. . .
The college trustee appeared at yesterday’s hearing in the harbor [sic] municipal court where the continuance to 9 a.m., Oct. 4 was granted.
It was understood Brannon advised the college board and administration that on advice of counsel he is making no public statements at this time on the arrest and allegations connected with it. (“Al Brannon Due for Bookie Rap Hearing Oct. 4,” Tustin News, September 7, 1972.)
Forty-three additional counts, including taking bets on football and baseball games and even tennis matches, have been filed against Alyn Brannon, Saddleback College trustee accused of running a gambling business.
. . .
Don Carroll, senior district attorney’s investigator, said the counts against Brannon now include extortion, conspiracy to extort, and numerous charges of bookmaking and conspiracy to make book…. (“College Trustee to Face New Charges in Gambling Case,” LA Times, Sept. 9, 1972)
Gosh, I do hope that, when they decided to break guys’ legs, they were at least fair about it!
A few months later, in December, the Tustin News reports that
Superior Court Nov. 28 continued the hearing against Tustinite Alyn Brannon to 2 p.m. Dec. 12….Nearly a year later, we hear from the Times:
According to Superior Court records, the Saddleback College trustee is faced with a Grand Jury indictment that includes 19 counts of accepting a bet, seven counts of bookmaking, two counts of conspiracy, one count of receiving, holding or forwarding bets and one count of obtaining money for extortion.
However, according to [Brannon’s attorney John] Downer, the counts have been reduced to 26….
Charges of conspiracy and bookmaking brought against Brannon…were dismissed Nov. 30…. (“Grand Jury Raps Against Brannon,” December 7, 1972.)
Voice prints, ruled as acceptable evidence in California courts only seven months ago, may figure in the trial of Alyn Brannon and Robert E. Kelly, charged with conspiracy, bookmaking and extortion.Voice prints? Go figure.
. . .
The prints were taken from a tape which allegedly involve Kelly in an extortion threat over collection of a gambling debt.
. . .
His codefendant, Brannon, … was president of the Saddleback College Board of Trustees in 1971-72.
They were indicted Nov. 12, 1971, after being arrested…. (“Voice prints may be used in County bookmaking trial,” October 25, 1973.)
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| Zitnik, Brannon, and Reagan |
In January of 1974, the long-suffering Tustin News—the conscience of Tustin, if, that is, it has a conscience—offers an editorial:
One candidate for the seat vacated by Mike Collins’ resignation from Saddleback College board of trustees has announced her filing for the post with a demand that Trustee Al Brannon resign. She feels his pleading guilty to one count of bookmaking is enough and that whether the judge who passes sentence makes it less or more than a year…that Trustee Brannon should step down.I love the (likely unintended) understatement: the governing board will, no doubt, be looking into the matter [i.e., Brannon's running a bookmaking racket, engaging in extortion, etc.] with their colleague.
…[Through this move,] Brandt … forces the other trustee candidates to take a position on the Brannon bookmaking count. And the governing board will, no doubt, be looking into the matter with their colleague Brannon.
The fact Brannon and counsel apparently “plea bargained” with the District Attorney’s office…does not mitigate the situation. The original mass of counts was about 36, later reduced to 27 charges. And after “aging” in the court continuances for over a year the matter evolves into a mere one plea of guilty on bookmaking.
Mrs. Brandt rightly puts the moral issue into focus for all to see. We will await with interest the outcome. (“Mrs. Brandt forces Brannon issue focus,” Tustin News editorial, January 10, 1974.)
D'ya think?
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| Tustin, 1965 |
And note the disdain for "plea-bargaining." It ain't honest and it ain't fair. As Gary Cooper would say, it isn't "square."
A week later, Brannon resigns and apologizes. According to the Times,
Voters in the saddleback [sic] Community College District will select two new trustees this spring as a result of board member Alyn Brannon’s resignation.Gosh, you’d think being found out as a bookie would be enough to resign right there—i.e., back in 1972.
The 43-year-old Brannon quit the board of trustees Monday after pleading guilty last month…to a charge of bookmaking. His resignation had been expected.
…Brannon said he will remain in office until an election in June….
“I want to publicly apologize to my family for the embarrassment and shame I have caused them for the actions I may have done in the past,” Brannon said.
Brannon explained in a five-minute speech at the board meeting that he was resigning after talking with friends and fellow trustees. (“College Trustees Resigns Post,” January 16, 1974.)
In April, we learn that Brannon the Bookie was at long last sentenced to 90 days in the pokey:
Resigning Saddleback College Trustee Alyn M. Brannon of Tustin was sentenced to 90 days in Orange County Jail Monday in Superior Court after Judge Robert L. Corfman reduced a felony bookmaking count to a misdemeanor.I guess he took up plane-crashing later.
Corfman denied probation, but agreed to a stay of execution on jail until 5 p.m. April 22....
Case was continued to various dates over two years, until, through plea bargaining, Brannon pleaded guilty to one count of bookmaking last December. (“Brannon Draws 90-day Bookie Rap Sentence,” Tustin News, April 11, 1974)
So, there you have it.
From More on Saddleback's "bookie trustee", DtB, July 19, 2017
As it turns out, Alyn Brannon, one of our district’s original board trustees (1967-1974), pursued his career as bookie kingpin long after his arrest and sentencing in 1972-1974. (He resigned from the board in January of 1974, a month after pleading guilty as part of a plea bargain.)
Evidently, he's the incorrigible type.
I describe all of that below.
Immediately below, however, I provide the most interesting of the newspaper stories about Brannon’s sometimes colorful bookmakery. ("The Case of the Unfriendly Bettors," LA Times, April 1981. Check it out, it's good!)
Tearful public apologies notwithstanding, Brannon was serious about his bookie gig. His various operations are often described as the most significant ("top operator") in OC. Brannon is usually described as the “kingpin” of a sophisticated illegal enterprise, involving secret apartments in Tustin, secret offices in Laguna Hills, dark tables at restaurants, flamboyant underlings with sleek, silver Porsches.
But why? According to one article, Brannon explained that he risked his good name, family, etc.—because of the "excitement."
His saga is sometimes funny. At one point, while awaiting a hearing regarding the appeal of a judge's ruling, Brannon is arrested on a new charge. One of his "bookmaking agents," a court bailiff, calls on the phone to arrange a bet. The conversation is recorded by cops. Brannon is thrown back into prison.
Reading about Brannon’s post-trustee career was sometimes sobering. I learned that, among Brannon’s colleagues in his 1979 arrest was his son, Donald. (His other son, Barry, would appear to have taken that other, higher road; he's had a successful career as an Air Force pilot.) Son Donald, however, died in a plane crash in Lake Tahoe in 1994. (In the mid-90s, Brannon's bookie operation had an office in Lake Tahoe.)
Sheesh.
Brannon has been a parole violator and a repeat offender. He was arrested again for bookmaking—the "biggest bookmaking operation" yet uncovered in OC—in 1997, twenty-five years after his first arrest, when he was President of the Saddleback board and a young Republican star.
SOCCCD. We're special, ain't we?
In 2008, he was convicted of failing to pay his taxes. He was confined to his home and was made to pay $30,000 in restitution. He didn't like that much.
I believe he's still alive, in his mid-80s, and living in OC. Or maybe Arizona. Or Texas.
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| (Click on graphics to make them larger.) |
Note: Alyn Brannon resigned from the Saddleback Community College District board of trustees in January of 1974. He had been arrested and charged for bookmaking and extortion in September of 1972. He was eventually convicted, fifteen months later, on one count of bookmaking in December 1973 thanks to a generous plea bargain.
1974
• Brannon's first arrest didn't reach sentencing until December of 1973. According to the Times (“Former College Trustee gets 90 days in jail,” 4-9-74), “When Brannon appeared before [the judge], his attorney, John M. Downer, asked the court to consider that the bookmaking operation was among 'seven friends' and had no connection with organized crime.”
1979
• According to the Times (“Police Break Up Bookmaking Ring—Four arrested,” 3-8-79), “A six-month police undercover investigation has broken up bookmaking operations that were reportedly grossing $185,000 a week in Santa Ana and Seal Beach.” The arrests were made by Garden Grove police. Three people were arrested, including Brannon’s son, Donald, of Tustin. (Another person in Scottsdale, AR, was sought by police.) “Investigators said the bookmaking operations were run out of the Rum-runner’s Inn in Seal Beach and Reuben’s restaurant on Tustin Ave., in Santa Ana….”
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| Mr. Brannon with shovel |
• According to the Times (“Arraignment set for bookmaking suspects,” 3-4-81), “Two men suspected of being Orange County’s top bookmaking operators for professional football games and other sports will be arraigned in Superior Court March 16.”
Alyn M. Brannon and Salvatore Charles Consalvo were “charged with 20 counts involving felony bookmaking and conspiracy.”
The two were indicted “last week” by a grand jury following a six month investigation. Bookmaking equipment was found in an apartment in Tustin and an office in Laguna Hills.
• LA Times, April 10, 1981: "The case of the unfriendly bettor "(See graphics) —This offers some delicious details concerning Brannon's operation.
• According to the Times (“Court Asked to Oust DA in Bookie Case,” 4-29-81), “[T]wo men are accused of running a $50,000-a-week bookmaking and football card operation in several bars in the Mission Viejo area. “District Attorney’s investigators said they believe [Hyman] Wolenski and [John] Lombardi were bookmaking agents for Alyn M. Brannon of Santa Ana, who was indicted by the OC Grand Jury in February for bookmaking. At the time, Brannon, 50, was on parole from a previous bookmaking conviction….”
• According to the Times (“Two enter guilty pleas to bookmaking charges,” 6-20-81), “Two men who authorities say ran the biggest sports gambling operation in OC have pleaded guilty in Santa Ana Municipal Court to one count each of bookmaking. Alyn M. Brannon, 50, of Santa Ana and Salvatore Consalvo, 56, of Mission Viejo will be free on their own recognizance until Friday, when they must appear in OC Superior court to reenter their pleas to felony charges.”
Brannon is also pleading guilty to “violating probation from a previous bookmaking conviction.”
• According to the Times (“Two men plead guilty in county bookmaking case,” 6-27-81), “Two men [viz., Brannon and Consalvo] who authorities say ran the biggest sports gambling operation in OC pleaded guilty…one count each of felony bookmaking.” “Law enforcement officials said Brannon, who had previously been convicted of bookmaking, was the kingpin of a ring that handled about $200,000 a week in sports bets.”
• According to the Times (“Man gets 2-year prison term in bookmaking case,” 8-20-81), “Alyn M. Brannon, 50, a former president of the Saddleback College board of trustees, was sentenced to two years in prison Wednesday after pleading guilty to one count of felony bookmaking. Orange County Superior Court Judge William Murray also gave Brannon a concurrent two-year term for a count of parole violation after an earlier bookmaking conviction.”
• “Bookie May Serve Just One-Sixth of Sentence,” LA Times, 1-21-82:
Brannon receives a two-year sentence, but he later claims that his lawyer told him that, after his 120-day review (in prison), the judge would release him. But the judge regards Brannon as a hard case who has managed to avoid serious jail time and he means to make sure Brannon finally gets it. Brannon is released after 120 days (Vacaville on Dec 16, 1981) because of a death in the family, and the judge allows him to stay out of prison until the hearing—when Brannon learns that he’s heading back in to serve out the rest of his 2-year term. Lots of legal maneuvering follows, but it comes to nothing.
While out, Brannon works at a Santa Ana hotel.
“His attorney, William Stewart, is expected to argue that Brannon should be allowed to remain free. But the OC district attorney’s office is particularly interested in seeing that Brannon serves his full two-year sentence because of his lengthy history of involvement in gambling.”
“If Brannon is released after just four months, [Deputy DA Rick] Toohey said, there is no reason to believe he won’t go back into the sports betting business.”
“He has a history gambling activity that goes back almost a decade,” Toohey said. “This is not a man who should be free.”
“According to court records, Brannon told a probation officer that he was willing to risk his good name in the community to get into sports bookmaking because of the ‘excitement’ involved.”
• According to the Tustin News (“Commissioned,” 6-24-82), “Barry D. Brannon, son of Mr. and Mrs. Alyn M. Brannon of North Tustin, has been commissioned a second lieutenant through the Air Force ROTC program, and earned a bachelor’s degree at the U of Colorado, Boulder….”
• According to the Times (“Bailiff was bookmaker, police say,” 6-24-1982), “A tip Newport Beach police received earlier this month has led them, officers said, to an unusual bookmaker – the bailiff in the courtroom of the presiding judge of Orange County’s Harbor Municipal Court.” … “And the bailiff in turn has reportedly helped set up the arrest of a former Saddleback Community College trustee, who was free pending an appeal relating to a bookmaking conviction, police said. After hearing a police tape recording of the undercover bet Wednesday, a judge ordered the former trustee back behind bars.”
“Police identified the bailiff as Darrell Strobele, a deputy Orange County marshal for 17½ years….”
Strobele didn’t take bets in court, but he did take them while at the courthouse in Newport Beach. There are indications that he occasionally used the judge’s chambers when the judge wasn’t there.
“A bettor working with the police placed a bet with Strobele on June 14, making the case against him, [investigator Milt] Geiger said.”
“At investigators’ request, Strobele agreed a week later to telephone Alyn Brannon, former community college trustee, convicted bookmaker and longtime friend of Strobele since the two men met as high school sports referees, Geiger said. Police tape-recorded the conversation as Strobele placed a bet, Geiger said.
“The tape recording enabled the district attorney’s office Wednesday to have Brannon sent back to jail.”
“Superior Court Judge Leonard McBride, who had allowed Brannon to remain free without bail while Brannon appealed McBride’s refusal of a new trial, was in no mood to offer Brannon a second chance.”
Evidently Brannon’s attorney, Dennis LaBarbera listened to the tape during court and “had nothing to say.”
“The judge was so angry I could have asked for a change of clothes for Brannon and he would have turned us down,” LaBarbera said later. “There really was no point in arguing this thing any further.”
“Law enforcement officials have complained in the past that Brannon, who has a 10-year history of bookmaking arrests, has spent little time in jail.”
• According to Tustin News (“Silver Wings,” 1-19-84), second Lt. Barry D. Brannon has graduated from US Air Force pilot training and has received his silver wings.
1994
• According to the Tustin News (“Donald Brannon,” 2-17-94), Alyn Brannon’s son, Donald Brannon, was killed Feb 13 just after takeoff from South Lake Tahoe Airport. (Alyn Brannon was known to have a part of his bookie operation in Lake Tahoe.)
1997
• According to the Times (“Authorities Arrest 10 in Bookmaking Case,” 4-2-97):
Authorities announced Tuesday what they described as the biggest bookmaking operation uncovered by Orange County investigators and the arrests of 10 California and Nevada residents suspected of illegally taking in about $1 million per month.2010
. . .
…[P]olice from Seal Beach, Anaheim and Newport Beach and the district attorney's office served 11 search warrants, including one at a Cerritos commercial building where they believe the operation was housed. While searching the building, in the 11100 block of Artesia Boulevard, officers also took bets from callers, Anaheim Lt. James Flammini said.
. . .
Investigators alleged that those arrested, who range in age from 22 to 65, were taking at least 100,000 bets per month at the Cerritos location and another in Lake Tahoe [note: Lake Tahoe is where the aforementioned plane crash occurred].
Arrested in California were Alyn Murdoff Brannon, 65, of Costa Mesa; Mark Kiyo Snyder, 30, of Trabuco Canyon; Sushma Gohil, 22, of Orange; Spencer Haruo Okuno, 32, of Pasadena; and Decourcy Wright Graham, 55, of Corona del Mar. Brannon recently spent two years in state prison for bookmaking, Flammini said.
Arrested in Nevada were Michael Franklin Reeder, 35, of Zephyr Cove; Michael Reid Harvin, 30, of Stateline; Damien Leroux, 30, of Ontario, Canada; Shannon Ione Dolan, 23, of South Lake Tahoe, and Nicole Suzanne Berlandier, 24, of South Lake Tahoe.
• From Find-a-Case: February 5, 2010
UNITED STATES OF AMERICA, PLAINTIFF, v. ALYN M. BRANNON,
ALSO KNOWN AS AL BRANNON, DEFENDANT.
On November 12, 2008, the Court sentenced the Defendant Alyn M. Brannon to three years probation after he pled guilty to a misdemeanor information charging him with failure to file an income tax return in violation of 26 U.S.C. § 7203. The Court also ordered the Defendant to serve six months in home confinement and to pay restitution in the amount of $30,000.00…. On November 30, 2009, the Defendant filed a Combined Motion for Early Termination of Probation and Brief in Support…. The Court set the motion for hearing … and heard evidence from the Defendant on February 5, 2010…. For the reasons set forth below, the Defendant's Motion for Early Termination of Probation is hereby DENIED.
. . .
[U]nlike the defendant in McNeill, the Defendant in this case has a prior criminal history and violated the conditions of his pretrial release while awaiting sentencing in this case.... Such demerits notwithstanding, the Court granted a departure from the sentencing guidelines (at the government's request) to avoid incarcerating the Defendant and placed him on probation for well less than the maximum term possible. There is no indication that the defendant in McNeill received such merciful consideration prior to being released from probation early. These dissimilarities from McNeill all relate to one or more of the factors set forth in Section 3553(a), and they far outweigh any factors favoring early release.
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