The opinion of the court was delivered by: Hon. David O. Carter, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date.
x WITH COUNSEL William Weinberg, Retained
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:
Counts 1 and 2: Wire Fraud (18 U.S.C. §1343) of the 2-Count Information
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 judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
It is ordered that the defendant shall pay restitution in the amount of $75,000.00. The victim list, shall be forwarded to the fiscal section of the clerk's office, and shall remain confidential to protect the privacy interests of the victims.
A partial payment of at least $30,000 has been made according to counsel. The balance of the restitution shall be paid in monthly installments of at least $1,000 during the term of probation. These payments shall begin 30 days after the commencement of supervision.
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 comply with General Order No. 01-05.
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Miguel Chavez Ortiz, is hereby placed on probation on Counts one and two of the Information for a term of three years, to run concurrently under the following terms and conditions:
1. The defendant shall submit person and property to search or seizure at any time of the day or night by any law enforcement officer with or without a warrant and with or without reasonable or probable cause;
2. The defendant shall report to the United States Probation Office within 72 hours of his release from custody;
3. The defendant shall report in person directly to the Court within 21 days of his placement on probation at a date and time to be set by the United States Probation Office, and thereafter report in person to the ...