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United States v. Sargeant

March 9, 2009

UNITED STATES OF AMERICA
v.
ERIN SARGEANT SOCIAL SECURITY NO. (LAST 4 DIGITS)



The opinion of the court was delivered by: Oswald Parada, U. S. Magistrate 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. 2 26 2009

X WITH COUNSEL Arthur Greenspan, Retained

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

18 U.S.C. 1711: Theft of Postal Property.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, ERIN SARGEANT, is hereby placed on probation on the Single-Count Information for a period of one (1) year 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 and General Order No. 01-05;

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

The defendant shall perform 80 hours of community service as directed by the U.S. Probation Office. However, if defendant is employed full-time, the hours of community service shall be reduced to 40 hours;

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse;

The defendant shall participate in a mental health counseling treatment program as directed by the Probation Office. Defendant shall pay all or part of the costs based upon ability to pay as determined by Probation;

The defendant shall pay to the United States a special assessment of $25.00, which is due immediately;

The Defendant shall pay to the United States a total fine of $1,500, which shall bear interest as provided by law. Defendant shall make monthly payments of $150 per month beginning on March 16, 2009.

Pursuant to 18 U.S.C. 3663A, defendant shall pay restitution in the total amount of $953.80. The amount of restitution shall be paid to the United States Postal Service as directed by the U.S. Probation Office.

The defendant shall report to the U.S. Probation Office in San Bernardino no later than March 6, 2009.

Defendant is informed of her right to appeal.

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 qualified officer.

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:

The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to substances, except as prescribed by a

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband ...


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