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United States v. Atiga

February 17, 2009

UNITED STATES OF AMERICA
v.
ROLANDO L. ATIGA SOCIAL SECURITY NO. 1241



The opinion of the court was delivered by: Margaret M. Morrow United States District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 12 15 2008

X WITH COUNSEL DFPD KIM SAVO

(Name of Counsel)

X 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:

Count 1: Illegal Remunerations; 42 U.S.C. §1320a 7b(b)(1)(A). Class D Felony 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:

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

It is ordered that the defendant shall pay to the United States a total fine of $25,000, which shall bear interest as provided by law. Of this amount, $10,000 shall be paid immediately; the balance shall be paid in monthly installments of $1,500 for a period of ten (10) months. The defendant shall comply with General Order No. 01-05.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Rolando L. Atiga, is hereby placed on probation on the Single-Count Indictment for a term of two years under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

The defendant shall participate for a period of 3 months in a home detention program which may 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. Defendant shall be permitted to travel to medical appointments and receive medical care as necessary;

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. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

During the period of community supervision the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment;

The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judg ments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; The defendant shall cooperate in the collection of a DNA sample from the defendant; and The defendant shall not engage in any profession which involves licensing without notifying the licensing board of that profession of the instant conviction. The defendant shall provide the Probation Officer with proof of such notification.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future Bond exonerated upon reporting to the U.S. Probation Office.

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 ...


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