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In re Maciel

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 3, 2009

OFFENDER NAME: NORA VASQUEZ MACIEL

The opinion of the court was delivered by: Honorable Anthony W. Ishii Chief United States District Judge

REPORT OF OFFENDER NON-COMPLIANCE

Offender Address: Ducor, California

Original Sentence Date: June 14, 2004

Original Offense: 18 USC 287 and 2, Making or Presenting a False, Fictitious, or Fraudulent Claim to the United States and Aiding and Abetting (CLASS D FELONY)

Original Sentence: 24 months Bureau of Prisons; 36 months TSR; $100 SA; $71,534.00 restitution; mandatory testing Special Conditions: 1) Search and seizure; 2) Not dispose/dissipate assets; 3) Provide financial information; 4) No new credit Type of Supervision: Supervised Release (TSR)

Supervision Commenced: March 3, 2006 Assistant U.S. Attorney: Sheila K. Oberto Telephone: (559) 499-4000 Defense Attorney: Robert A. Cassio Telephone: (559) 498-6310 Other Court Action: None

NON-COMPLIANCE SUMMARY

The purpose of this report is to advise the Court of an alleged violation of the terms of supervision. The Probation Officer has developed a plan to dispose of the alleged non-compliance with action less than revocation, and the Court is requested to approve the plan to address the non-compliance.

1. UNSATISFIED RESTITUTION OBLIGATION AT EXPIRATION OF SUPERVISION

Details of alleged non-compliance: Supervision commenced on March 3, 2006. During the past 36 months, the offender has made diligent efforts toward her restitution obligation in this case.

Accordingly, the offender paid her special assessment ($100) in full on May 8, 2006. At that time, her monthly payments were directed toward her outstanding restitution order ($71,534.00).

The offender's monthly payment history has been excellent. She has made the required monthly payment of $50.00. Therefore, the defendant has paid a total of $1,650.00 during her supervision period. Additionally, as a result of her co-defendant husband being convicted in this matter, their income tax refunds have been continuously withheld and applied to the outstanding restitution amount owing.

United States Probation Officer Plan/Justification: In review, the offender has been very diligent toward her financial obligations. She is scheduled to expire from supervision on March 3, 2009.

This officer recommends that this offender expire with no further action taken, and that her financial responsibilities be turned over to the United States Attorney, Financial Litigation Unit (FLU), and the Internal Revenue Service for continued recovery of restitution.

Respectfully submitted,

Ben J. Blankenship Senior United States Probation Officer Telephone: (559) 734-0317 DATED: March 2, 2009 Visalia, California Thomas A. Burgess Supervising United States Probation Officer

THE COURT ORDERS:

( X ) The Court Approves Probation Officer's Plan, and Orders No Further Action Be Taken.

( ) Other: cc: Sheila K. Oberto, AUSA

Robert A. Cassio, Defense Counsel Financial Litigation Unit, Sacramento

ORDER

IT IS SO ORDERED.

Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

20090303

© 1992-2009 VersusLaw Inc.



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