The opinion of the court was delivered by: U. S. District Judge Andrew J. Guilford
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 03 01 2010
X WITH COUNSEL Carlos Iriarte, Retained
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: Solicit and Accept Kickback, in violation of 41 USC §§ 53(2), 54 as charged in Counts 1-4 of the Indictment; Include Amount of Kickback in Contract Price, in violation of 41 USC §§ 53(3), 54, 2(b) as charged in Counts 5-8 of the Indictment; and Mail Fraud, Causing and Act to be Done, in violation of §§ 1341, 2(b) as charged in Counts 9-11 of the Indictment.
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 $1100, which is due immediately. It is ordered that the defendant shall pay restitution in the total amount of $38, 170.00 under 18
The amount of restitution shall be paid as follows: Victim: The United States Corps of Army Engineers in the amount of $38,170.00.
Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and under the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least ten percent of the defendant's gross monthly income, but not less than $250, whichever is greater, shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court finds that the defendant's present economic circumstances do not allow for either immediate or future payment of the amount
Under 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 under18 U.S.C. § 3612(g)All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution and the Court finds that restitution should be defendant's first priority. The defendant shall comply with General Order No.
Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, ALEJANDRO RIVERA, is hereby committed on Counts 1-11 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 18 months. This term consists of 18 months on each of Counts 1-11, to run 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 1-11, all terms to run concurrently, under the following
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318 including that the defendant shall not commit any violation of any local, state or federal law or ordinance;
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 restitution in accordance with this judgment's orders pertaining to such payment;
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 not be employed by any business that contracts for services with federal, state, or local governments or their agencies without the express written approval of the Probation Officer before engagement in such employment;
The defendant shall apply monies received from income tax refunds greater than $500 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 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 the United ...