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United States v. Shioya

December 23, 2008

UNITED STATES OF AMERICA
v.
SUSAN SHIOYA SOCIAL SECURITY NO. 4226 (LAST 4 DIGITS)



JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this

December 15, 2008

WITH

COUNSEL Bruce Ellman, retained

(Name of Counsel)

GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of

GUILTY, defendant has been convicted as charged of the offense(s) of:

Theft of Government Property in violation of 18 USC 641 as charged in Counts 5 - 9 of the Indictment.

The Court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby Placed on probation for a period of two (2) years on each of counts 5 - 9 of the Indictment to run concurrently and under the following terms and conditions: 1)The defendant shall comply with the rules and regulations of the Probation Office and General Order 318; 2) The defendant shall participate in a home detention program for the first four (4) months which shall include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/ or services that may interrupt operation of the monitoring equipment; The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring., GPS, and/or voice recognition program. The defendant shall provide payment and proof of payment s as directed by the Probation Officer; 3 ) The defendant shall participate in a mental health counseling program as directed by the Probation Officer, until discharged by the treatment provider, with the approval of the Probation Officer. Further, the defendant shall pay the cost of all treatment to the treatment provider and submit proof to the Probation Officer; 4) The Court authorizes the Probation Officer to disclose the Presentence Report, and/or any previous mental he alth evaluations or reports, to the treatment provider. The treatment provider may provide information (excluding the Presentence Report), to State or local social service agencies (such as the State of California, Department of Social Services ), for the purpose of the client's rehabilitation; 5) During the period of community supervision, the defendant shall pay the restitution (If not paid prior to sentencing), the special assessment, and the fine in accordance with this judgment's orders pertaining to such payment; and 6) The defendant shall cooperate in the collection of a DNA sample from the defendant

IT IS FURTHER ORDERED that the defendant pay a special assessment of $500. to the United States which is due immediately. It is ordered that the defendant pay a fine of $7,000., which shall bear interest as provided by law. The fine shall be due in full within 30 days after sentencing. The defendant shall pay restitution in the sum of $94,151. to the victim Office of Personnel Management, Retirement and Insurance Services, ref. Virginia T. Richardson CSF0338359W, 1900 E. Street, N.W., Room 4H19, Washington, DC 20415. Attn. Richard Balentich, Supervisory Benefits Specialist.

The defendant shall comply with General Order 01-05. Any remaining counts are dismissed in the interest of Bond is exonerated upon home detention.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other

The defendant shall comply with the standard conditions that have been adopted by this ...


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