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United States v. Jaramillo

November 25, 2009

UNITED STATES OF AMERICA
v.
GEORGE H. JARAMILLO SOCIAL SECURITY NO. 2385 (LAST 4 DIGITS)



The opinion of the court was delivered by: Andrew J. Guilford U. S. District Judge

AMENDED 11/25/2009

PER HEARING 11/16/2009

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. 09 14 2009

X WITH COUNSEL Brent Romney, Retained

(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: Willful Filing of a False Tax Return in violation of 26 U.S.C. § 7206(1) as charged in Count 1 of the Information; and Mail Fraud/Depriving the Public of the Right of Honest Services of a Public Official in violation of 18 U.S.C. §§ 1341 & 1346 as charged in Count 2 of the Information

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:

It is ordered that the defendant shall pay to the United States a special assessment of $200.00, which is due

It is ordered that the defendant shall pay to the United States a total fine of $50,000, consisting of the following: Count 1, a fine of $10,000; Count 2, a fine of $40,000. The total fine shall bear interest as provided by law. A sum of $5,000 shall be paid immediately. Payment of the balance 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 fine remains unpaid after release from custody, monthly installments of $500, shall be made during the period of supervised release. The monthly payments shall begin 30 days after the commencement of supervision. The defendant shall comply with General Order No. 01-05.

It is further ordered by this Court that the defendant shall not receive any further funds from the victim, County of Orange, including civil judgments or additional retirement benefits beyond what he is currently receiving, except for the $100 penalty ordered in the state lawsuit against the County. Any future orders by the Superior Court to pay money from the County of Orange to defendant Jaramillo must be brought before

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, George H. Jaramillo, is hereby committed on Counts 1 and 2 of the Information to the custody of the Bureau of Prisons for a term of 27 months. This term consists of 27 months on each of Counts 1 and 2 of the Information, to be Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. This term consists of 1 year on Count 1 and 3 years on Count 2 of the Information, 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;

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

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 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, civil judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and

The defendant shall truthfully and timely file and pay taxes owed for the years of conviction as well as subsequent years for which he owes back taxes, and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order.

The defendant shall notify the Probation Officer if defendant receives any additional funds from the victim, the County of Orange, during the period of community supervision.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a ...


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