JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. April 27 2009
x WITH COUNSEL Kim Savo, Deputy Federal Public Defender
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:
Conspiracy, in violation of 18 USC 371, as charged in Count 1; Bank Robbery, in violation of 18 USC 2113(a), as charged in Counts 2,4,5 & 6 of the Indictment.
The Court asked whether there was any reason 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: Seventy Eight (78) months. This term consists of 60 months on Count 1 and 78 months on each of counts 2,4, 5 & 6 to be served concurrently. Upon release from imprisonment, the defendant is placed on supervised release for a period of 3 years on each of counts 1,2,4,5 & 6 concurrently and under the following terms and conditions: 1)The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 2) The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days from release from custody and at least two periodic drug tests thereafter, not to exceed 31 tests per month, as directed by the Probation Officer; 3) 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; 4) When not employed or excused by the Probation Office for schooling, training or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Office; 5) The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification without the prior written approval of the Probation Officer, further, the defendant shall not use, for any purpose or in any manner, any name other than his true legal name; 6)The defendant shall cooperate in the collection of a DNA sample from the defendant ; 7) The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from treatment by the treatment provider, with the approval of the Probation Officer; 8) As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's psychiatric disorder to the aftercare contractor during the period of community supervision , pursuant to 18 USC 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer; 9) Upon release from imprisonment, the defendant shall reside in a residential re-entry program as directed by the Probation Officer not to exceed 2 years ; The Court authorizes the Probation Office to disclose the Presentence Report and or any previous mental health evaluations or reports to State or local social service agencies (such as State of California, Department of Social Services), for the purpose of the clients rehabilitation. It is further ordered that the defendant pay a special assessment of $500. to the United States which is due immediately. It is further ordered that the defendant pay $9,938.50 pursuant to 18 USC 3663(A) to be paid in the amounts as follows: East West Bank (El Monte) $1,072., East West Bank (Diamond Bar) $6,298.50 , Downey Savings $1,514. , Wells Fargo Bank - $1.054. If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment. Nominal payments as directed by the Probation Officer shall begin 30 days after commencement of supervised release. Nominal restitution payments are ordered as the Court finds the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered. The defendant is held jointly and severally liable with co-participant Rayceana Rocha (Docket #Cr07-1393-JSL) for $8,886.50 of the amount of rest. ordered in this judgment. Pursuant to 18 USC 3612(f)(3)(A), interest on this money is waived as the defendant does not have ability to pay interest.
Payments may be subject to penalties for default and delinquency pursuant to 18 USC 3612(g). The defendant shall comply with General Order 01-05. All fines are waived as it is found that the defendant does not have the ability to pay a fine. The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment. The Court further recommends placement at Victorville, California. Any remaining counts are dismissed in the interest of justice.
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
Clerk, U.S. District Court
Nancy J. Webb Deputy Clerk
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 ...