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United States v. Amaya

March 2, 2010

UNITED STATES OF AMERICA
v.
AMAYA, MARTHA SOCIAL SECURITY NO. 3 2 5 4 MARTHA RODRIGUEZ



The opinion of the court was delivered by: George H. King, 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 17 2010

Y WITH COUNSEL DONALD MARKS, RETAINED

(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 of Y GUILTY, defendant has been convicted as charged of the offense(s) of: WIRE FRAUD In Violation of TITLE 18 U.S.C. § 1343; as charged in Counts 1 and 2 of the Information.

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:

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 restitution in the total amount of $1,912,052 pursuant to 18 U.S.C. 3663A.

The amount of restitution shall be paid to the victim in the confidential Presentence Report.

Balance of the restitution shall be due during the period of imprisonment, as directed by the Court, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, monthly payments of at least $100 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Limited restitution payment amounts are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the entire amount ordered.

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 be held jointly and severally liable with co-participant, Edwin Billones, Docket No. CR 03-645, for the amount of restitution ordered in this judgment. The defendant shall comply with General Order 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.

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 Thirty (30) months. This term consists of 30 month on each of Counts 1 and 2 of the Information, to be served

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of 3 years on each of Counts 1 and 2 fo the Information, all such terms to run concurrently, under the following terms and

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 judgment's orders pertaining to such payment;

The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of any business which submits applications for home loans, home improvement loans, or other loans through the FHA or HUD, without the specific approval by the Probation Officer.

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.

Upon motion of the government, all remaining counts are ordered dismissed.

that the defendant be designated to a facility in Arizona or Victorville.

Defendant waives 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, may issue a warrant and revoke supervision for a violation occurring during the

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

TERRY NAFISI, CLERK OF COURT

03/02/2010 By

Filed Date Beatrice Herrera, Courtroom ...


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