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U.S. v. XIE

United States District Court, N.D. California


February 10, 2004.

UNITED STATES OF AMERICA
v.
BIAO XIE

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)

  THE DEFENDANT:

[x] pleaded guilty to count(s): 1 of the Information.
  [ ] 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):

Date Offense Count Title & Section Nature of Offense Concluded Number(s)
18 U.S.C. § 1028(a)(6) Fraud in Connection with Identification 12/9/03 1 Documents and Information
  The defendant is sentenced as provided in pages 2 through ___ 4 ___ 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 February 9, 2004

  ___

  Date of Imposition of Judgement Defendant's Date of Birth: 3/17/65

  Defendant's USM No.:

IMPRISONMENT
  The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of time served from December 11, 2003. to today, February 9, 2004. Upon his release from custody, defendant will seek voluntary departure from the United States.

 

[ ] The Court makes the following recommendations to the Bureau of Prisons:
[ ] The defendant is remanded to the custody of the United States Marshal. [ ] The defendant shall surrender to the United States Marshal for this district.
[ ] at ___ on ___.
[ ] as notified by the United States Marshal.
[ ] The defendant shall surrender for service of
sentence at the institution designated by the
Bureau of Prisons:
[ ] before ___ on ___.
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Officer.
RETURN
  I have executed this judgment as follows: ___ ___ ___

  Defendant delivered on ___ to ___ at ___, with a certified copy of this judgment.

  ___ UNITED STATES MARSHAL

  By ___

  Deputy U.S. Marshal

  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: $25.00 $0 $0
[ ] 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.

 

[fn*]Total Amount of Priority Order or Name of Payee Amount of Loss Restitution Ordered Percentage of Payment
Totals: $___ $___
[fn*] Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.

 

[ ] 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:
SCHEDULE OF PAYMENTS
  Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:

  A [x] Lump sum payment of $25.00 due immediately.

  [ ] not later than __, or

 

[ ] in accordance with ( ) C, ( ) D, or ( ) E below; or
B [ ] Payment to begin immediately (may be combined with ( ) C, ( ) D, or ( ) E below); or
C [ ] Payment in __ (e.g. equal, weekly, monthly, quarterly) installments of $___ over a period of ___ (e.g., months or year(s)), to commence ___ (e.g., 30 or 60 days) after the date of this judgment; or
D [ ] Payment in ___ (e.g. equal, weekly, monthly, quarterly) installments of $___ over a period of ___ (e.g., months or year(s)), to commence ___ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or
E [ ] Special instructions regarding the payment of criminal monetary penalties:
Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be 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 made to the clerk of the court, unless otherwise directed by the court, the probation officer, or the United States attorney.

  The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

  [ ] Joint and Several

20040210

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