The opinion of the court was delivered by: Alicemarie H. Stotler U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. APR. 06 2009
X WITH COUNSEL William J. Kopeny, Rtnd.
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Use of Means of Identification of Another During and in Relation to and in Furtherance of Conspiracy to Commit Access Device Fraud in violation of 18 USC § 1028A(a)(1) as charged in Count 6 of the 10-Count 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
IT IS ORDERED that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
IT IS FURTHER ORDERED that defendant shall pay restitution in the total amount of $497,207 in Case No. SACR06-27(A)-AHS, 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
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 $50 shall be made during the period of supervised release. These payments shall begin 30 days after commencement of supervision. Nominal restitution payments are ordered as the Court finds that defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered. If the defendant makes a partial payment, each payee shall receive approximately proportional payment.
IT IS FURTHER ORDERED that the defendant shall be held jointly and severally liable with all criminally liable co-participants in Case No. SACR06-167(B)-JVS for the amount of restitution ordered in the judgment pertaining to Case No. SACR06-27(A)-AHS.
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. Payments may be subject to penalties for default and delinquency as provided for by law.
IT IS FURTHER ORDERED that the defendant shall comply with General Order
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.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Ky Vu, is hereby committed on Counts 1 and 2 of the First Supplemental Information in Docket No. SACR06-27(A)-AHS and Count 6 of the Superseding Indictment in Docket No. SACR07-259-AHS, to the custody of the Bureau of Prisons for a term of 72 months. This term consists of 48 months on Count 1 and 48 months on Count 2 in Docket No. SACR06-27(A)-AHS to be served concurrently, and 24 months on Count 6 in Docket No. SACR07-259-AHS, to be served consecutively.
IT IS FURTHER ORDERED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1 and 2 in Docket SACR06-27(A)-AHS and 1 year on Count 6 in Docket No. SACR07-259-AHS, all such terms to run concurrently under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Orders 318, 01-05 and 05-02;
The defendant shall not commit any violation of local, state or federal law or ordinance;
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 tests per month, as directed by the Probation Officer;
The defendant shall participate in an outpatient substance abuse treatment and counseling program that may include urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and 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 drug 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 the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug and/or 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;
During the period of community supervision the defendant shall pay the special assessment and restitution in ...