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United States v. Valedon

May 11, 2009

UNITED STATES OF AMERICA
v.
MIGUEL VALEDON SOCIAL SECURITY NO. 1 9 8 0 JUAN PEREZ (LAST 4 DIGITS)



The opinion of the court was delivered by: George H. Wu, 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. 05 04 2009

X WITH COUNSEL Barry O. Bernstein

(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: False Statement toa Federally Insured Financial Institution; Causing an Act to be Done pursuant to 18 U.S.C §3553(a) as to Count One 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:

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately to the Clerk

It is ordered that the defendant shall pay restitution in the total amount of $211,912.39 pursuant to 18 U.S.C. §3663A 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 victims. 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.

All fines are waived as it is found that such sanction would place an undue burden on the defendant's dependents and 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, Miguel Valedon, is hereby committed on Count One of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 21 MONTHS.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following

The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;

The defendant shall refrain from any use of alcohol or 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 includes 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;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's alcohol dependency of 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 restitution and the special assessment in accordance with this judgment's orders pertaining to such payment;

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;

The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance Corporation;

The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer;

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

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.

The Court advises defendant of his right to appeal.

All remaining counts are dismissed.

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 qualified officer.

Clerk, U.S. District Court

May 11, 2009

The defendant shall comply with the standard conditions that have been adopted by this ...


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