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United States v. Esquivel

May 11, 2009




In the presence of the attorney for the government, the defendant appeared in person on this date. 05 11 2009

/ WITH COUNSEL Marsha Brewer, Appointed

(Name of Counsel)

/ 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:

Conspiracy 18 U.S.C. § 371 as charged in the Count 1 of the Indictment. Trafficking and use of one or more access devices 18 U.S.C. §1029(a)(2), 2 as charged in the Count 2 of the 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:

It is ordered that defendant shall pay to the United States a special assessment of $200.00, which is due immediately to the Clerk of the Court.

It is ordered that defendant shall pay restitution in the total amount of $23, 633.85 all 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 the 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.

If defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.

Defendant shall make nominal monthly payments of at least $100.00 during the period of probation, which shall begin 30 days after the 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

Defendant shall be held jointly and severally liable with the co-participants, Allen A. Robinson and Kyla Reilly Haynes, for the amount of restitution ordered in this judgment.

Defendant shall comply with General Order No. 01-05.

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, Simone M. Esquivel, is hereby placed on probation on Counts One and Two of the Indictment for a term of Three (3) years under the following terms and conditions. This term consists of three years on each of Counts One and Two of the Indictment, such terms to run concurrently.

1. Defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order

2. 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, no to exceed eight tests per month, as directed by the Probations Officer.

3. 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 prescriptions medication during the period of supervision.

4. 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

5. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency/alcohol dependency/psychiatric disorder 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.

6. The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing

7. Defendant shall perform 100 hours of community service as directed by the Probation Officer.

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

Interest on restitution is hereby ordered waived.

Defendant advised of right to appeal. Upon the motion of the government, all remaining counts are ordered dismissed. Bond exonerated.

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.

U. S. District Judge/Magistrate Judge

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other


May 13, ...

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