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United States v. Delio

June 22, 2009

UNITED STATES OF AMERICA
v.
ANDREW PAUL DELIO SOCIAL SECURITY NO. 2 8 4 1 (LAST 4 DIGITS)



The opinion of the court was delivered by: Percy Anderson 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. 06 22 2009

X WITH COUNSEL Anthony Brooklier, 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: Wire Fraud in violation of Title 18 U.S.C. §1343, as charged in Count 2 of the First Superseding Indictment; and Impersonating a Federal Officer or Employee in violation of Title 18 U.S.C. §912, as charged in Count 10 of the First 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, Andrew Paul Delio, is hereby committed on Counts 2 and 10 of the 12-Count First Superseding Indictment to the custody of the Bureau of Prisons for a term of 15 months. This term consists of 15 months on each of Counts 2 and 10 of the 12-Count First Superseding Indictment, to be served concurrently.

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 Count 2 and one year on Count 10 of the 12-Count First Superseding Indictment, 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 Order 318;

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

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

The defendant shall not be employed by, affiliated with, own, control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any company whose primary purpose is investigations or collections;

The defendant shall not request, obtain, or possess any badge, credentials, business card, or any other form of identification known to him to be similar to those possessed by law enforcement agents or security officers;

Unless otherwise instructed by a law enforcement officer acting in his/her official capacity, the defendant shall not possess, drive, or be a passenger in any vehicle which has equipment typically found only on a law enforcement or security patrol vehicles;

Within 24 hours of this judgment the defendant shall notify the licensing board responsible for issuing his private investigator license of this conviction and shall provide proof of such notification to the Probation Officer; and

The defendant shall not obtain without prior approval of the Probation Office any professional license or certification, or be employed in any position that requires licensing and/or certification by any local, state or federal agency.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $16,000 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.

A partial payment of $5,000 shall be paid immediately. The balance 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, monthly payments of at least $250 shall be made during the period ...


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