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United States v. Carlini

April 24, 2009

UNITED STATES OF AMERICA
v.
HERYL CARLINI SOCIAL SECURITY NO. 4 8 8 7 CHERYL JEAN LOGAN, CHERYL JEAN CARLINI (LAST 4 DIGITS)



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. 04 20 09

X WITH COUNSEL Darryl Exum, 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: Title 18, United States Code, Section 656: Misapplication of Bank Funds.

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, Cheryl Carlini, is hereby committed on count One (1) of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of Thirty-six (36) months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of Three (3) years 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;

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;

The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer;

The Court authorizes the Probation Officer to disclose the Presentence Report, and/or any previous mental health evaluations or reports, to the treatment provider. The treatment provider may provide information (excluding the Presentence Report), to State or local social service agencies (such as the State of California, Department of Social Services), for the purpose of the client's rehabilitation;

The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and

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

IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $100.00, which is due immediately.

IT IS FURTHER ORDERED that the defendant does not have the ability to pay a fine.

The Court recommends to the Bureau of Prisons that the defendant be designated to a penal institution in Arizona.

The defendant is advised of his right to file an appeal within 10 days of entry of judgment.

The defendant is ordered to self-surrender to the designated institution on or before 12:00 p. m. (noon), May 15, 2009. If the defendant is not designated to an institution , the defendant is to self-surrender to United States Marshal Service located at 3470 Twelfth Street, Riverside, CA 95201 on May 15, 2009.

The defendant is ordered to pay restitution in the amount of $507,185.93. The amount of restitution ordered shall be paid as follows:

Amount

Attn: Security $507,185.93

Guaranty Bank 202 N. Hunter Street ...


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