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United States v. Isela

June 28, 2010

UNITED STATES OF AMERICA
v.
NARANJO, ROSA ISELA SOCIAL SECURITY NO. 7289 (LAST 4 DIGITS)



The opinion of the court was delivered by: S. James Otero U. S. District Judge/Magistrate Judge

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. May 18, 2010

X WITH COUNSEL John D Robertson

(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:

18 USC § 641: Theft of Government Property as charged in counts one and two of the Information.

18 USC § 287: False, Fictitious or Fraudulent Claims as charged in counts three and four 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 $400, which is Defendant shall pay restitution in the total amount of $113,504.00 pursuant to 18 U.S.C. § 3663A, to victims as set forth in a separate victim list prepared by the probation office 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.

Restitution shall be due during the period of probation at the rate of 10% of the defendant's monthly income. These payments shall begin 30 days from today's date. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered.

If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.

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 such sanction would place an undue burden on the defendant's

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Rosa Isela Naranjo, is hereby placed on probation on counts one to four of the four-count information for a term of five years, all such terms to run concurrently under the following terms and conditions:

The defendant shall participate in a program of Home Detention for a period of six months that includes electronic monitoring. The condition of electronic monitoring is imposed only if it can be accomplished consistent with the defendant's medical condition. If electronic monitoring cannot be accomplished than the Probation Officer shall be notified by a letter from a physician.

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;

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;

The defendant shall truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this

The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without ...


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