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United States v. Luna

October 6, 2009

UNITED STATES OF AMERICA
v.
TERESA CORA LUNA SOCIAL SECURITY NO. 8 9 3 4 (LAST 4 DIGITS)



The opinion of the court was delivered by: David O. Carter, 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. OCT 6 2009

X WITH COUNSEL Phillip Deitch (Appointed)

(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: Count 1 of the Information: Embezzlement and Theft of Labor Union Funds (29 U.S.C. § 501(c))

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.

It is ordered that the defendant shall pay to the United States a special assessment of $100.00, which is due

It is ordered that the defendant shall pay restitution in the total amount of $67,416.21 pursuant to 18 U.S.C. § 3663A.

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §

The amount of restitution ordered shall be paid as follows:

Amount Priority Order

$7,183.15 First Priority

$60,233.06 Second Priority TOTAL: $67,416.21

Restitution 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, 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 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.

The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Teresa Cora Luna, is hereby committed on Count 1 of the Single-Count Information to the custody of the Bureau of Prisons to be imprisoned

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years 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;

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

The defendant shall for a period of 5 months in a residential re-entry center (community corrections component), as directed by the Probation Officer, and shall observe the rules of that facility;

The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer.

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's psychiatric disorder to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. ยง 3672. The defendant shall ...


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