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United States v. Rodriguez

June 24, 2010

UNITED STATES OF AMERICA
v.
HORACIO RODRIGUEZ SOCIAL SECURITY NO. 9 7 5 1 DE LA CRUZ, HORACIO RODRIGUEZ RODRIGUEZ, HORATIO RODRIGUEZ, ORACIO INGUANZO, SALVADOR IGUANZO, SALVADOR (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. June 24 2010

X WITH COUNSEL Edwin Robinson, Panel-Atty

(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: Conspiracy to Commit Bank Fraud in violation of U.S.C. § 1349 as charged in Count One of the Five-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: 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:

Twelve (12) months. This term consists of 12 months on Count One of the Five-Count Indictment, to run consecutively to the undischarged state prison sentences in Los Angeles County Superior Court, case numbers. PA057590 and PA062024.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) 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 05-02;

The defendant shall not commit any violation of local, state or federal law or ordinance.

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

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

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;

The defendant shall apply monies in excess of $500 received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at: United States Court House 312 North Spring Street, Room 600 Los Angeles, California 90012;

The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification without the prior written approval of the Probation Officer; further, the defendant shall not use, for any purpose or in any manner, any name other than his true legal name; and The defendant shall cooperate in the collection of a DNA sample from the defendant.

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 total amount of $59,998.99 pursuant

The amount of restitution ordered shall be paid as follows:

Victim Amount

Macy's $7,886.72 Apple Retail $3,308.54 Kay Jewelers $7,185.97 Levitz Furniture $1,339.57 El Paraiso Furniture $9,580.10 Best Buy $5,113.63 Gap/Old Navy $798.41 Bank of America $4,867.28 L.L. Bean $570.15 HSBC Retail $2,042.05 ING Bank ...


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