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United States v. Alburez

April 12, 2010

UNITED STATES OF AMERICA
v.
NELSON ALBUREZ SOCIAL SECURITY NO. 5368 (NONE) (LAST 4 DIGITS)



The opinion of the court was delivered by: Philip S. Gutierrez 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.

04/05/2010

X WITH COUNSEL Sylvia Torres-Guillen, DFPD appointed

(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 GUILTY, defendant has been convicted as charged of the offense(s) of:

Exceeding Authorized Access To A Protected Computer To Further A Fraud, in violation of Title 18 U.S.C. §§ 1030(a)(4), (c)(3)(A), as charged in Count One 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 JUDGMENTof the Court that the defendant, Nelson Alburez, is hereby placed on probation on Count One of the Indictment for a term of three (3) years under the following terms and conditions.

1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

2. The defendant shall participate for a period of three (3) months in a home detention program which may include electronic monitoring, GPS, Alcohol Monitoring Unit or automated identification systems and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment;

3. The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer;

4. The defendant shall not possess or use a device with access to any online service at any location without the prior approval of the Probation Officer. This includes access through any Internet Service Provider, bulletin board system, or any public or private computer network system. Further, the defendant shall not have another individual access the internet on his behalf to obtain files or information that defendant is restricted from accessing personally, or accept restricted files or information from another person;

5. The defendant shall use only those computers, computer-related devices, screen/user names, passwords, e-mail accounts, and Internet Service Providers (ISPs) approved by the Probation Officer. Computer and computer-related devices include, but are not limited to, personal computers, personal data assistants (PDAs), Internet appliances, electronic games, and cellular telephones, as well as peripheral equipment, that can access, or can be modified to access, the Internet, electronic bulletin boards, other computers, or similar media. The defendant shall immediately report any changes in his employment affecting his access and/or use of computers or the Internet, including e-mail;

6. All computers, computer-related devices, computer storage media, and peripheral equipment used by the defendant shall be subject to search and seizure. This shall not apply to items the defendant uses at work which are maintained and monitored by the employer. The defendant shall not add, remove, upgrade, update, reinstall, or otherwise modify the hardware or software on any computers, computer-related devices, or peripheral equipment without the prior approval of the Probation Officer, nor shall defendant hide or encrypt files or data. Further, the defendant shall, as requested by the Probation Officer, provide all billing records, including telephone, cable, Internet, satellite, and similar records;

7. During the period of community supervision, the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

8. The defendant shall perform 150 hours of community service, as directed by the ...


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