The opinion of the court was delivered by: VIRGINIA A. Phillips 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. 11 23 2009
W WITH COUNSEL Mario L. Valenzuela, Appointed Counsel
W GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of W GUILTY, defendant has been convicted as charged of the offense(s) of: Title 18, United States Code, Section 1001, False Statements/Entries, as charged in Count 1 of Information; Title 18, United States Code, Section 1001, 2, Aiding and Abetting, and Causing an Act to Be Done, as charged in Count 2 of the 2-Count Information.
The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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:
The defendant shall pay to the United States a special assessment of $200, 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 the ability to pay a fine.
Pursuant to 18 USC3663A, it is ordered that the defendant shall pay restitution in the total amount of $644,258.00, to victims 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 victims. The Court further ORDERS the defendant to make a partial restitution payment in the amount of $20,000, within 90 days of today's sentencing date. The balance of restitution shall be paid in monthly installments in the amount of $250.00, during the period of supervision as directed by the United States Probation Office. The defendant shall be held jointly and severally liable with co-participants Varner and Giddens (Docket No. CR- 07-028) for the amount of restitution ordered in this judgment. 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 to 18 U.S.C. § 3612(g).
The defendant shall comply with General Order No. 01-05.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Ricardo Bonilla, is hereby committed on Counts One and Two of the Second Superseding Information to the custody of the Bureau of Prisons for a term of 5 months. This term consists of 5 months on each of Counts One and Two of the Second Superseding Information, to be
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts one and two of the Second Superseding 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 not commit any violation of local, state or federal law or ordinance;
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;
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 reside for a period of 5 months in a residential re-entry center (community corrections component), which includes electronic monitoring or other location verification system. Defendant shall pay all of the cost as directed by the Probation Officer, and shall observe the rules of that facility;
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 report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to:
United States Probation Office, located at 290 North D Street, Suit 700 San ...