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: June 07, 2010
COUNSEL: XX WITH COUNSEL Yasmin Cader, DFPD __X PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
FINDING: There being a finding of XX GUILTY, 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 count 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 ninety (90) days in the custody of the Bureau of Prisons in a jail-type facility, to be served on consecutive weekends, commencing on July 9, 2010 at 6:00 p.m., and continuing until July 11, 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 90 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 90 days of weekend incarceration; 3) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 4) shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 5) shall not be employed in any capacity wherein he has custody, control or management of his employer's funds; 6) 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; 7) shall not be employed in any capacity wherein he has custody, control or management of his employer's or client's funds; 8) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.
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 90 days weekend incarceration in the custody of the Bureau of Prisons.
The Court reserves the issue of the amount of restitution to be paid by defendant.
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.
Terry Nafisi, Clerk of Court
Dated/Filed: June 8, 2010
By Isabel Martinez, Deputy Clerk
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, ...