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United States v. Nguyen

November 24, 2009

UNITED STATES OF AMERICA
v.
RICHARD V. NGUYEN SOCIAL SECURITY NO. 3562 (LAST 4 DIGITS)



The opinion of the court was delivered by: Audrey B. Collins, Chief 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. Nov 23 2009 WITH COUNSEL Christopher Dybwad, Deputy Federal Public Defender

(Name of Counsel)

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 / GUILTY, defendant has been convicted as charged of the offense(s) of: Wire Fraud; Causing an Act to be Done in violation of 18 U.S.C. §§ 1343, 2(b) as charged in count one of the First Superseding Indictment The Court asked whether there was any reason 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: 15 months.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due

It is ordered that the defendant shall pay restitution in the total amount of $104,981 pursuant to 18 U.S.C. §

Defendant shall pay restitution in the total amount of $104,981.00 to victim 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 victim.

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 $100 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 amount ordered.

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 Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the court that the defendant, Richard V. Nguyen, is hereby committed on count one of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 15 months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three 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, including that he shall not commit any violation of local, state, or federal law or ordinance;

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

The defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;

The defendant shall not operate an investment business or company utilizing the internet or email to contact customers, prospective customers, or members of the public, without the prior written approval of the Probation Officer.

On the Government's motion, the remaining counts are ordered dismissed.

Defendant informed of right to appeal.

The Court recommends that the defendant be designated to a facility in the ...


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