The opinion of the court was delivered by: Manuel L. Real District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: APRIL 24, 2009
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL Viken Hagopian, retained PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY FINDING
There being a jury verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Health Care Fraud in violation of Title 18 USC 1357 as charged in count 4 of 1st superseding indictment; Aggravated identity theft in violation of Title 18 USC 1028(a)(1) as charged in count 9 of the 1st superseding indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER
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 the defendant is hereby committed to the Bureau of Prisons to be imprisoned for a term of:
Fifty-four (54) months, consisting of thirty (30) months on count 4 of the 1st superseding indictment, and twenty-four (24) months on count 9 of the 1st superseding indictment, to be served consecutively.
IT IS FURTHER ADJUDGED that upon release from imprisonment defendant shall be placed on supervised release for three (3) years, concurrent on counts 4 and 9 of the 1st superseding indictment, under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 2) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 3) shall participate in outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer, and shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;4) during the course of supervision, with the agreement of the defendant and defense counsel, the Probation Officer may place the defendant in a residential treatment program approved by the 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; 5) shall as directed by the Probation Officer pay all or part of the costs of treating the defendant's drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672, and the defendant shall provide payment and proof of payment as directed by the Probation Officer; 6) shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 7) shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer; 8) when not employed or excused by the Probation Officer for schooling, training or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer; 9) shall cooperate in the collection of a DNA sample from the defendant; 10) shall apply monies received from income tax refunds greater then $500.00, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered obligation; 11) shall make restitution payments of at least $500.00 a month, as directed by the Probation Officer.
IT IS FURTHER ORDERED that all fines and costs of imprisonment are waived.
IT IS FURTHER ORDERED that defendant pay a special assessment of $200.00, which is due immediately.
IT IS FURTHER ORDERED that defendant pay restitution to Medicare in the amount of $807,000.00, in such monthly amounts and increments as directed by the Probation Officer.
IT IS FURTHER ORDERED that any remaining counts and underlying indictment are dismissed as to this defendant.
IT IS FURTHER ORDERED that the bond of the defendant is exonerated and the defendant is remanded into ...