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United States v. Xiao

December 17, 2009

UNITED STATES OF AMERICA
v.
GENGHUA XIAO SOCIAL SECURITY NO.



The opinion of the court was delivered by: Carla M. Woehrle United States Magistrate 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. 12 09 2009

X WITH COUNSEL HAYNE YOON, DFPD

(Name of Counsel)

Y 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 Y GUILTY, defendant has been convicted as charged of the offense(s) of: UNLAWFUL POSSESSION OF IDENTIFICATION DOCUMENT, in violation of 18 U.S.C. § 1028 (a)(4) (Class A Misdemeanor), as charged in the one-count Information.

The Court asked whether defendant had anything to say as to 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 Rule 32 (C)(1)(ii) in the Federal Rules of Criminal Procedures, information in the record is sufficient to enable the Court to meaningfully exercise its sentencing authority under title 18 U.S.C. §3553 without a pre-sentence investigation and report and to sentence the defendant accordingly:

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 41 days, which sentence is time served.

It is ordered that the defendant shall pay to the United States a special assessment of $25.00.

The defendant is remanded into the custody of the U.S. Marshals to be released forthwith into the custody of the Department of Immigration and Naturalization/BICE.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified Terry Nafisi, Clerk of Court

Donna Thomas Filed Date Donna Thomas, Deputy Clerk

The defendant shall comply with the standard conditions that have been adopted by this ...


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