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United States v. Lopez

March 13, 2009

UNITED STATES OF AMERICA
v.
MAURICIO LOPEZ SOCIAL SECURITY NO. 3728 (LAST 4 DIGITS)



The opinion of the court was delivered by: Stephen G. Larson United States District Judge

2nd AMENDED JUDGMENT

Nunc pro tunc as of October 3, 2008

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.

09/29/2008

WITH COUNSEL Catherine R. Lombardo, Retained Counsel (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: Title 18, United States Code, Section 286, Conspiracy to Defraud the United States With Respect to Claims, as charged in Count 1; Title 26, United States Code, Section 7212, Obstruction of Justice, as charged in Counts 15 and 16, of the of the First Superseding 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, Mauricio Lopez, is hereby placed on probation for a term of three (3) years on Counts 1, 15 and 16 of the First Superseding Indictment 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 refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight drug tests per month as directed by the Probation Officer.

The defendant shall reside for a period of six months in a residential re-entry center (community corrections component), as directed by the Probation Officer, and shall observe the rules of that facility;

The defendant shall participate for a period of six 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;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using alcohol, and abusing prescription medications during the period of supervision;

During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential substance abuse treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and defendant shall reside in the treatment program until discharged by the Program Director and Probation

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug and alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for alcohol abuse. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge;

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

The defendant shall cooperate in the collection of a DNA sample from the defendant.

It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due

It is ordered that the defendant shall pay restitution in the total amount of $93,865.66 pursuant to 18 U.S.C. §

A partial payment of $400 shall be paid immediately. The balance shall be due during the period of supervised release, at the rate of not less than $25 per quarter, and pursuant to the directions of the United States Probation Office. If any amount of the restitution remains unpaid after release from custody, monthly payments of at least $100 shall be made during the period ...


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