The opinion of the court was delivered by: Manuel L. Real District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: April 21, 2010
COUNSEL: XX WITH COUNSEL Patrick Aguirre, retained __X PLEA: XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
FINDING: defendant has been convicted as charged of the offense of: Mail Fraud, Aiding and Abetting, Causing an act to be done in violation of Title 18 U.S.C. 1341,2 as charged in counts 7 and 8 of the Indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
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 the defendant is:
Placed on PROBATION for a term of five (5) years, under the following terms and conditions: the defendant 1) shall serve sixty (60) days in the custody of the Bureau of Prisons in a jail-type facility, to be served on consecutive weekends, commencing on June 11, 2010 at 6:00 p.m., and continuing until June 13, 2010 at 6:00 p.m., which will represent two days or one weekend, and continuing on every weekend thereafter, from Friday at 6:00 p.m. until Sunday at 6:00 p.m., in the custody of the Bureau of Prisons in a jail-type facility, until the 60 days of consecutive weekend incarceration has been completed; 2) shall perform twenty-five hundred (2500) hours of community service, as directed by the Probation Officer, beginning upon his completion of 60 days of weekend incarceration; 3) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 4) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 5) shall participate in outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer, and shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision; 6) during the course of supervision, with the agreement of the defendant and defense counsel, the Probation Officer may place the defendant in a residential drug treatment program approved by the 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 Program Director and Probation Officer; 7) shall as directed by the Probation Officer pay all or part of the costs of treating the defendant's substance abuse and mental health to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672, and the defendant shall provide payment and proof of payment as directed by the Probation Officer; 8) shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 9) shall not be employed in any capacity wherein he has custody, control or management of his employer's funds; 10) shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment, and further, shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer; 11) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $200.00, which is due immediately.
IT IS FURTHER ORDERED that defendant shall pay restitution in the total amount of $778,897.25 to victims as set forth in a separate victim list prepared by the government which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims. The defendant shall make payments to the victims as directed by the Probation Officer.
IT IS FURTHER ORDERED that all remaining counts are dismissed as to this defendant.
IT IS FURTHER ORDERED that the bond of the defendant shall be exonerated upon his completion of 60 days weekend incarceration in the custody of the Bureau of Prisons.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of 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 supervision period.
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.
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, ...