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United States v. Bernal

February 2, 2009


The opinion of the court was delivered by: Manuel L. Real District Judge

Residence: N/A

Mailing: SAME


In the presence of the attorney for the government, the defendant appeared in person, on: February 2, 2009

Month / Day / Year


However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.

XX WITH COUNSEL Joel Koury, appointed PLEA: XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.


There being a finding of GUILTY, defendant has been convicted as charged of the offense(s) of: Theft of Government Property in violation of Title 18 USC 641 as charged in count 1 of the Information.


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


IT IS FURTHER ADJUDGED that defendant shall be placed on probation for a term of five (5) years under the following terms and conditions: the defendant 1) shall comply with General Order No. 01-05; 2) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 3) shall during the period of community supervision pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 4) shall perform eight hundred (800) hours of community service, as directed by the Probation Officer; 5) shall report in person before the Court every 120 days as directed by the Probation Officer; 6) shall not engage, as whole or partial owner, employee or otherwise, in any business involving tax return preparation without the express approval of the Probation Officer prior to engagement in such employment, and further, shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer; 7) shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer, and the Probation Officer shall disclose the presentence report and/or any previous mental health evaluations or reports to the treatment provider; 8) shall, as directed by the Probation Officer, apply monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; 9) shall cooperate in the collection of a DNA sample of the defendant.

IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.

IT IS FURTHER ORDERED that the defendant make restitution in the total amount of $8,277.00 to victims as set forth in a separate victim list prepared by the Probation Office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the Clerk's Office, shall remain confidential to protect the privacy interests of the victims. Defendant shall make nominal monthly payments of at least $50.00 per month during the period of probation, which shall begin 30 days after the commencement of supervision.

IT IS FURTHER ORDERED that the bond of the defendant is exonerated.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of 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. ...

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