United States District Court, Northern District of California
August 19, 2003
UNITED STATES OF AMERICA
The opinion of the court was delivered by: James Larson, Magistrate Judge
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
[x] pleaded guilty to count(s): 1 of the
[ ] pleaded nolo contendere to count(s) ___ which
was accepted by the court.
[ ] was found guilty on count(s) ___ after a plea
of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Title & Section Nature of Offense Concluded Number(s)
18 U.S.C. § 1028(a)(4) Fraud in Connection With Identification Documents November 6, 2002 1
The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[ ] The defendant has been found not guilty on count(s) ___.
[ ] Count(s) ___ (is)(are) dismissed on the motion of the United States.
IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances.
Defendant's Soc. Sec. No.: None
Defendant's Date of Birth: 02/19/79
Defendant's USM No.: 92837-011
Defendant's Residence Address:
102 North El Dorado Street
San Mateo, CA 94401
Defendant's Mailing Address:
102 North El Dorado Street
San Mateo, CA 94401
[ Page 2]
The defendant is hereby placed on probation for a term of 1 year.
While on probation you shall not commit another federal, state, or local crime and shall not illegally possess a controlled substance. Revocation of probation is mandatory for possession of a controlled substance.
You shall pay the assessment imposed in accordance with 18 U.S.C. § 3013, and shall immediately notify the probation officer of any change in your economic circumstances that might affect your ability to pay a special assessment, fine, restitution, or co-payments ordered by the Court
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter.
[x] The above drug testing condition is suspended
based on the court's determination that the
defendant poses a low risk of future substance
[ ] The defendant shall not possess a firearm,
destructive device, or any other dangerous
If the judgment imposed a fine or a restitution obligation, it shall be a condition of supervision that you pay any such fine or restitution that remains unpaid at the commencement of the term of supervision in accordance with any Schedule of Payments set forth in the Criminal Monetary Penalties sheet of the judgment. In any case, the defendant shall cooperate with the probation officer in meeting any financial obligations.
Revocation of probation is mandatory for refusal to comply with drug testing imposed as a condition of supervision. 18 U.S.C. § 3565(b)(3) and 3583(g)(3) [ Page 3]
STANDARD CONDITIONS OF PROBATION
It is the order of the Court that the defendant shall comply with the following standard conditions:
1) The defendant shall not leave the judicial
district or other specified geographical area
without permission of the Court or the probation
2) The defendant shall report to the probation
officer as directed by the Court or the probation
officer, and shall submit a truthful and complete
written report within the first five days of each
3) The defendant shall answer truthfully all
inquiries by the probation officer and follow
the instructions of the probation officer;
4) The defendant shall support his or her dependants
and meet other family responsibilities, including
but not limited to, compliance with the terms of
any court order or administrative process pursuant
to the laws of a state, the District of Columbia,
or any other possession or territory of the United
States, requiring payments by the defendant for
the support and maintenance of any child or of a
child and the parent with whom the child is
5) The defendant shall work regularly at a lawful
occupation unless excused by the probation
officer for schooling, training, or other
6) The defendant shall notify the probation officer
at least ten (10) days prior to any change in
residence or employment;
7) The defendant shall consume no alcohol if
sentenced to the special condition that the
defendant is to participate in a drug/alcohol
8) The defendant shall refrain from excessive use of
alcohol and shall not purchase, possess, use,
distribute, or administer any controlled substance
or any paraphernalia related to any controlled
substance, except as prescribed by a physician;
9) The defendant shall not frequent places where
controlled substances are illegally sold, used,
distributed, or administered;
10) The defendant shall not associate with any
persons engaged in criminal activity, and shall
not associate with any person convicted of a
felony unless granted permission to do so by
the probation officer;
11) The defendant shall permit a probation officer to
visit the defendant at any time at home or
elsewhere, and shall permit confiscation of any
contraband observed in plain view by the probation
12) The defendant shall notify the probation officer
within seventy-two (72) hours of being arrested or
questioned by a law enforcement officer;
13) The defendant shall not enter into any agreement
to act as an informer or a special agent of a law
enforcement agency without the permission of the
[ Page 4]
SPECIAL CONDITIONS OF PROBATION
1) The defendant shall pay a fine of $500 as directed by his U.S. Probation Officer.
2) The defendant shall provide to his U.S. Probation Officer any requested financial information.
3) The defendant shall not possess any false identification and shall provide his true identity at all times. [ Page 5]
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments directly following the Monetary Penalties section.
Assessment Fine Restitution
Totals: $25 $500 $
[ ] The determination of restitution is deferred until ___. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
[ ] The defendant shall make restitution (including community restitution) to the following payees in the amounts listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid in full prior to the United States receiving payment.
Total*fn* Amount of Priority Order or
Name of Payee Amount of Loss Restitution Ordered Percentage of Payment
Totals: $___ $___
[ ] If applicable, restitution amount ordered
pursuant to plea agreement $___
[ ] The defendant shall pay interest on any fine
or restitution of more than $2,500, unless the
fine or restitution is paid in full before the
fifteenth day after the date of the judgment,
pursuant to 18 U.S.C. § 3612(f). All of
the payment options on Sheet 5, Part B 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 for the [ ] fine and/or [ ] restitution.
[ ] the interest requirement for the [ ] fine and/or [ ] restitution is modified as follows: