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United States v. Gonzalez

July 27, 2009

UNITED STATES OF AMERICA
v.
EMILIANO GONZALEZ SOCIAL SECURITY NO. 1 7 3 1 EMILIANO MAURICIO GONZALES; EMILIANO MURICO GONZALEZ; EMILIO GONZALEZ; MORISIO GONZALEZ; EMILIANO ZAPATA GONZALEZ (BIRTH NAME); MONIKERS: CHINO, BORREGO (LAST 4 DIGITS)



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. 07 27 2009

W WITH COUNSEL Timonth E. Nilan, Retained

(Name of Counsel)

W 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 W GUILTY, defendant has been convicted as charged of the offense(s) of: Sale and

Purchase of Wildlife with a Market Value in Excess of $350 in Violation of 16 U.S.C. § § 3372(a)(2)(A), 3373(d)(1)(B), and 18 U.S.C. 18 U.S.C. § 3373(d)(1)(B),

16 U.S.C. § 3571(d)(3), 18 U.S.C. § 3571(b)(3) as charged in the Single-Count Information.

The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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:

The defendant shall pay to the United States a special assessment of $100, which is due immediately.

Pursuant to 18 USC3663A, it is ordered that the defendant shall pay restitution in the total amount of $4, 160 to the 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.

The defendant shall make restitution payments in the amount of $100 per month until paid in full. Such payments shall be made during the term of the defendant's probation, beginning on September 1, 2009.

The defendant shall be held jointly and severally liable with co-participant, Joshua J. Whittaker (Docket No. CR-07-00898) for the amount of restitution ordered in this judgment. 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 defendant shall comply with General Order No. 01-05.

It is ordered that the defendant shall pay to the United States a total fine of $250, which shall bear interest as provided by law. The fine shall be paid in full on or before December 31, 2009.

Pursuant to the Sentencing Reform Act of 1984, and the Court having treated the guideline sentencing range, as a result of and Fanfan, as advisory, and having applied all the relevant factors of 18 U.S.C. § 3553(a), it is the judgment of the Court that the defendant is hereby placed on probation on the Single-Count Information for a term of two 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 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;

During the period of community supervision the defendant shall pay the special assessment, fine and restitution 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 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 refrain from securing a license to hunt in any jurisdiction of the United States, and shall not participate ...


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