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United States v. Ngo

May 7, 2010

UNITED STATES OF AMERICA
v.
NGA NGO SOCIAL SECURITY NO. 0 3 7 7 CHRISTINA NGO (LAST 4 DIGITS)



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. 03 22 2010

U WITH COUNSEL BRIAN A. NEWMAN, APT

(Name of Counsel)

U GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: CONSPIRACY TO CONDUCT ACCESS DEVICE FRAUD in violation of Title 18 of the United States Code § 1029(b)(2), as charged in count 2 of the 65-count 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:

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

All fines are waived as it is found that such sanction would place an undue burden on the defendant's dependents.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Nga Ngo, is hereby placed on probation on Count 2 of the 65-Count Indictment for a term of three years under the following terms and conditions:

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

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement of probation and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States 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 the Program Director and Probation Officer;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. §3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

The defendant shall participate for a period of six 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. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

The defendant shall perform 200 hours of community service, as directed by the Probation Officer;

The defendant shall not obtain or possess any form of identification, including a credit or debit card, in any name, other than the defendant's true legal name without the prior written approval of the Probation Officer; and The defendant shall cooperate in the collection of a DNA sample from the defendant.

On the Government's motion, all remaining count(s)/underlying indictment/information, are ordered dismissed. ...


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