The opinion of the court was delivered by: Valerie Baker Fairbank United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 12 07 2009
X WITH COUNSEL DFPD Neha Mehta
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:
Theft of Government Property, in violation of Title 18 U.S.C. 1641.
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, 18 U.S.C. §3553(a) factors, and the Plea Agreement, it is the judgment of the Court that the defendant, Denise Bachman, is hereby placed on Probation on Count 2 of the Indictment for a term of 3 years under the following terms and conditions:
It is ordered that the defendant shall pay to the United States a special assessment of $25, which is due immediately. It is ordered that the defendant shall pay restitution in the total amount of $8,177 pursuant to 18 U.S.C. 3663A.
The amount of restitution shall be paid as follows:
U.S. Railroad Retirement Board $8,177 Restitution shall be pain in monthly installments of at least $250 during the term of probation. These payments shall begin 30 days after the date of this Judgment.
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 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 perform a total of 75 hours of community service, as directed by the Probation Officer;
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.
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.
The Court GRANTS government motion to dismiss all remaining counts. The Court ORDERS that bond be exonerated. The defendant is advised of her right to appeal.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, ...