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United States v. Valencia

October 28, 2009

UNITED STATES OF AMERICA
v.
GERALD ANTHONY VALENCIA SOCIAL SECURITY NO. 9 9 7 0 JERRY A. VALENCIA (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. 10 21 09

X WITH COUNSEL Carlos L. Juarez

(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 - Title 18, United States Code, Section 510(b): Receiving and Delivering Stolen Treasury Checks; Count 2 - Title 18, United States Code, Section 1709: Theft of Mail Matter by Postal Service Employee 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, Gerald Anthony Valencia, is hereby placed on probation on Counts One and Two of the Three Count Indictment for a term of three years. This term consists of three years on each of Counts One and Two, all such terms to run concurrently under the following terms and

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;

The defendant shall participate for a period of 12 months in a home detention program which may include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. The Court includes that defendant may attend education related functions only for his daughter;

The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer;

During the period of community supervision the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment;

The defendant shall perform 250 hours of community service, as directed by the Probation Officer;

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

The defendant shall apply monies in excess of $500 received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

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

It is ordered that the defendant shall pay to the United States a total fine of $15,000, consisting of the following: Count One, a fine of $7,500.00; Count Two, a fine of $7,500.00. The total fine shall bear interest as provided by law.

The fine shall be paid in monthly installments of $100.00 during the term of probation, ...


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