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United States v. Borjas

March 17, 2009

UNITED STATES OF AMERICA
v.
ALEX BORJAS SOCIAL SECURITY NO. 4 4 1 5 T/N: ALEJANDRO NICOLAS BORJAS ANNA LILA POPPE (LAST 4 DIGITS)



The opinion of the court was delivered by: Alicemarie H. Stotler U. S. 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. MAR. 16 2009

X WITH COUNSEL J. Daniel McCurrie, Apptd.

(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: Mail Fraud in violation of 18 USC § 1341 as charged in Counts 1 and 2 of the 2-Count Information.

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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

Forty-eight (48) months on Counts 1 and 2 of the 2-Count Information. This term consists of forty-eight (48) months on each of Counts 1 and 2, to be served concurrently with each other, but consecutively to any undischarged term of imprisonment imposed in United States District Court, Central District of California, Case No. SA CR 04-27-AHS.

IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

IT IS FURTHER ORDERED that defendant shall pay restitution in the total amount of $4,846,474.00, pursuant to 18 U.S.C. § 3663A, with any sale proceeds that are later received by victims credited against the outstanding restitution obligation. Restitution shall be paid to victims as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office shall remain confidential to protect the privacy interests of the

IT IS FURTHER ORDERED that restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least $100 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.

Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered.

IT IS FURTHER ORDERED that pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest.

IT IS FURTHER ORDERED that all fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.

IT IS FURTHER ORDERED that the defendant shall comply with General Order No. 01-05 pertaining to finances.

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 that the Bureau of Prisons conduct a medical evaluation of the defendant and provide all necessary treatment, including testosterone hormone therapy during the period of the defendant's incarceration.

The Court further RECOMMENDS that defendant be placed in the general population at the facility to which he is designated by the Bureau of Prisons, unless it is determined that it would be a greater harm to defendant's safety to be housed in the general population than in isolation. Pursuant to defendant's request, the Court RECOMMENDS that defendant be allowed maximum time in a

On defendant's request, the Court further RECOMMENDS that the Bureau of Prisons place defendant in a residential drug abuse treatment program.

IT IS FURTHER ORDERED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and ...


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