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United States v. Alvarez

February 1, 2010

UNITED STATES OF AMERICA
v.
MARCOS ANTONIO ALVAREZ SOCIAL SECURITY NO. 7 6 5 6 (LAST 4 DIGITS)



The opinion of the court was delivered by: Percy Anderson 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. 02 01 2010

X WITH COUNSEL Koren Bell, DFPD

(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: False Statements Relating to Health Care Matters in violation of Title 18 U.S.C. §1035, as charged in Counts 1 and 10 of the 12-Count Indictment.

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, it is the judgment of the Court that the defendant, Marcos Antonio Alvarez, is hereby placed on Probation on Counts 1 and 10 of the 12-Count Indictment for a term of three years. This term consists of three years on each of Counts 1 and 10, 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, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

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;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug and alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving medical treatment without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any health care business owned, in whole or in part, by the defendant, as directed by the Probation Officer;

The defendant shall not be employed in any position which requires medical licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer;

The defendant shall reside for a period of Sixty (60) days in a community corrections component, as directed by the Probation Officer, and shall observe the rules of that facility; and

The defendant shall advise any actual prospective employer in the health care industry of his conviction in this case and the factual basis for the conviction.

The Court authorizes the Probation Office to contact actual or prospective employers to confirm defendant's compliance with the terms of his probation.

The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for drug or alcohol addiction or dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the Court.

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

It is ordered that the defendant shall pay to the United States a total fine of $500, consisting of the following: Count 1, a fine of $250; Count 10, a fine of $250.

The fine 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 at least $50 shall be made during the period of ...


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