The opinion of the court was delivered by: John F. Walter, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant DID NOT appear in person on this date.
X WITH COUNSEL Victor Sherman, Rtnd/Apptd. (Name of Counsel)
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
There being a finding of X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Commit Health Care Fraud in violation of 18 U.S.C. § 1349 [ct 1]; Health Care Fraud in violation of 18 U.S.C. § 1347 [ct 2-11]; Causing an Act to be Done in violation of 18 U.S.C. § 2(b) [ct 2-11] as charged in the Twelve-Count Second Superseding Indictment filed on August 19, 2008 in LA CR 08-526(B) JFW and Possession of Stolen Mail in violation of 18 U.S.C. § 1708 as charged in the Single-Count Indictment filed on January 30, 2008 in LA CR 08-126 JFW
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, Leonard Uchenna Nwafor, is hereby committed on Counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 on the Second Superseding Indictment in case number 08-00526 and Count 1 of the Single-Count Indictment in case number 08-00126 to the custody of the Bureau of Prisons to be imprisoned for a term of 108 months. This term consists of 108 months on each of Counts 1 through 11 in case number 08-00526, to be served concurrently to each other and 60 months on Count One in case number 08-00126, to be served concurrently with Counts 1 through 11 in case number 08-00526, for a total term of 108
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. This term consists of 3 years on each of Counts 1 through 11 in case number 08-00526 and Count 1 in case number 08-00126, all such terms to run concurrently and under the following terms and conditions:
The defendant shall comply with General Order No. 01-05;
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 this judgment's orders pertaining to such payment;
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 States Probation Office, located at: United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012; and
The defendant shall cooperate in the collection of a DNA sample from the defendant;
It is ordered that the defendant shall pay to the United States a special assessment of $1,200, which is due immediately
It is ordered that the defendant shall pay restitution in the total amount of $526,243.01pursuant to 18 U.S.C. § 3663A. Restitution shall be paid to Medicare.
Restitution 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 restitution remains unpaid after release from custody, monthly installments of at least $500, shall be made during the period of supervised release and shall begin 30 days after the commencement of supervision.
All fines are waived as it is found that the defendant does not have the ability to pay a fine ...