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United States v. Apostol

November 16, 2009

UNITED STATES OF AMERICA
v.
2. CONSUELO APOSTOL SOCIAL SECURITY NO. 4 2 2 4 CONSUELO HERNANDEZ WELCH; CHIT; CHUCHIT; CHUCHIT APOSTOL; CHUCHIT HERNANDEZ; CONSUELO HERNANDEZ; CONSUELO H. APOSTOL; CONSUELO CUERVA APOSTOL HERNANDEZ; AND SUNSHINE (LAST 4 DIGITS)



The opinion of the court was delivered by: John F. Walter, 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 Nov 16 2009

x WITH COUNSEL 2. Ron Kaye, CJA

(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 of x GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in violation of 18 U.S.C. § 371 [ct 1]; Fraud and Misuse of Visas, Permits, and Other Documents in violation of 18 U.S.C. §1546 [ct 2, 4, 5, 6, 8]; Aiding and Abetting and Causing an Act to Be Done in violation of 18 U.S.C. § 2 [ct 2, 4, 5, 6, 8] as charged in the Eight-Count Indictment filed on February 4, 2009

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 thedefendant, Consuelo Apostol, is hereby committed on each of counts one, two, four, five, six and eight of the indictment to the custody of the Bureau of Prisons for a term of six months, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of two years. This term consists of two years on each of counts one, two, four, five, six and eight of the indictment, 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 Order 318;

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

The defendant shall not engage in the preparation of applications, affidavits or any other documents required by immigration laws and regulations of the United States without prior approval of the Probation Officer;

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

The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to reportto the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody orany re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructionsto the United States Probation Office located at the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

It is further ordered that the defendant surrender herself to the institution designated by theBureau of Prisons on or before 12 noon, on January 8, 2010. In the absence of such designation, the defendant shall report on or before the same date and time, to the UnitedStates Marshal located at the Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012.

It is ordered that the defendant shall pay to the United States a special assessment of $600, which is due immediately.

Pursuant to U.S.S.G. § 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have

Court recommends that the defendant be placed in a facility located in Southern California.

Defendant informed of right to appeal.

On the Government's Motion, the Court orders count 3 dismissed as to ...


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