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United States v. Acosta

July 7, 2009

UNITED STATES OF AMERICA
v.
FRANK ACOSTA SOCIAL SECURITY NO. 6 2 2 1 T/N: FRANK PATRICK ACOSTA (LAST 4 DIGITS)



The opinion of the court was delivered by: Alicemarie H. Stotler 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. JUL 06 2009

X WITH COUNSEL Andrew M. Stein, Rtnd.

(Name of Counsel)

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:

18 U.S.C. §371: Conspiracy (Count 1); 18 USC §1001, 18 USC §2: False Statement, Causing an Act to Be Done (Counts 2-14); 18 USC §1343, 18 USC §2: Wire Fraud, Causing an Act to Be Done (Counts 15-21) of the Second Superseding Indictment.. [AFTER REMAND BY NINTH CIRCUIT]

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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

Seventy-eight (78) months on Counts 1 through 21 of the Second Superseding Indictment. This term consists of sixty (60) months on each of Counts 1 through 14, and seventy-eight (78) months on each of Counts 15 through 21, to be served concurrently.

IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $2,100, which is due immediately.

IT IS FURTHER ORDERED that defendant shall pay restitution in the total amount of $1,364,214.60 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

IT IS FURTHER ORDERED that restitution shall be due during the period of imprisonment at the rate of not less than $25 per month, 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 $50 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.

IT IS FURTHER ORDERED that the defendant shall be held jointly liable for the amount of restitution ordered in this judgment, with his coconspirator(s), and shall receive credit for their payments on properties defendant had in common with the co-conspirator(s). The victim's recovery is limited to the amount of its loss and the defendant's liability for restitution ceases if and when the victim receives full restitution. The funds held by the Receiver shall be applied forthwith toward payment of restitution, subject to the orders of Judge Christina A. Snyder.

IT IS FURTHER ORDERED that the defendant shall comply with General Order

IT IS FURTHER ORDERED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years on Counts 1 through 21 of the Indictment. This term consists of three years on each of Counts 1 through 21, 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 Orders 318, 01-05 and 05-02;

During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment;

The defendant shall refrain from any unlawful use of a controlled substance. The defendant 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;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that may include urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, ...


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