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United States v. Gulley

October 6, 2009

UNITED STATES OF AMERICA
v.
VINIE GULLEY S.SEC.#-------5552 DEFENDANT



The opinion of the court was delivered by: Manuel L. Real District Judge

Residence: N/A

Mailing: SAME

CORRECTED JUDGMENT AND PROBATION/COMMITMENT ORDER

In the presence of the attorney for the government, the defendant appeared in person, on: October 5, 2009

Month / Day / Year

COUNSEL:

However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.

XX WITH COUNSEL Kim Savo, appointed _X_PLEA:

XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY FINDING:

There being a finding of GUILTY, defendant has been convicted as charged of the offense(s) of: Opening mail by postal employee in violation of Title 18 USC 1703(a) as charged in count 7 of the indictment; Theft of mail matter by postal employee in violation of Title 18 USC 1709 as charged in count 8 of the indictment.

JUDGMENT AND PROBATION/COMMITMENT ORDER:

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 defendant:

IS PLACED ON PROBATION for a term of five (5) years on each of counts 7 and 8 of the indictment, concurrently, under the following terms and conditions: defendant shall 1) serve ninety (90) days in the custody of the Bureau of Prisons in a jail-type facility, to be served on consecutive weekends, commencing on October 23, 2009 at 5:00 p.m., and continuing until October 25, 2009 at 5:00 p.m., which will represent two days or one weekend, and continuing on every weekend thereafter, from Friday at 5:00 p.m. until Sunday at 5:00 p.m., in the custody of the Bureau of Prisons in a jail-type facility, until the 90 days of consecutive weekend incarceration has been completed; 2) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 3) shall during the period of probation pay the special assessment, fine, and restitution in accordance with this judgment's orders pertaining to such payment; 4) shall apply monies in excess of $500.00 received from income tax refunds to the outstanding court-ordered financial obligation, and in addition shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; 5) shall refrain from any unlawful use of a controlled substance, and 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; 6) shall abstain from using alcohol during the period of probation; 7) shall regularly attend Gambler's Anonymous meetings, as directed by the Probation Officer, and shall not gamble during the period of probation; 8) shall perform twenty-five hundred (2500) hours of community service, as directed by the Probation Officer; 9) shall report in person to the Court every 120 days, as directed by the Probation Officer; 10) shall cooperate in the collection of a DNA sample from the defendant.

IT IS FURTHER ORDERED that defendant pay a special assessment of $200.00, which is due immediately.

IT IS FURTHER ORDERED that the defendant pay restitution in the total amount of $10,585.00, to be paid as follows: to victim M.C. in the amount of $300.00, to victim GJ,Inc. in the amount of 4,885.00; to victim B.P. in the amount of $5,400.00. If the defendant makes a partial payment, each payee shall receive approximately proportional payment; restitution shall be paid in monthly installments of at least $1,000.00 during the term of probation; these payments shall begin 30 days after completion of her term of 90 days of weekend incarceration on consecutive weekends.

IT IS FURTHER ORDERED that the defendant pay a total fine to the United States of $30,000.00, to bear interest as provided by law. The fine shall be paid as directed by the Probation Officer, but once the restitution is paid in full, payments shall be made in monthly installments of at least $1,000.00.

IT IS FURTHER ORDERED that all remaining counts are dismissed as to this defendant.

IT IS FURTHER ORDERED that the bond of the defendant shall be exonerated upon her completion of the 90 days of weekend incarceration in a jail-type facility in the custody of ...


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