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United States v. Diaz

July 21, 2010

UNITED STATES OF AMERICA
v.
ROSEMARY DIAZ. SOCIAL SECURITY NO. 4250 ROSEMARY DIAZ (LAST 4 DIGITS)



The opinion of the court was delivered by: Philip S. Gutierrez, U. S. District 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. 07 19 10

X WITH COUNSEL RTND Yolanda Barrera

(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:

Aiding and Abetting and Causing an Act to Be Done, in violation of Title 18 U.S.C. § 1341,2, as charged in Count One and Two of the First Superseding 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 placed on:

Probation for a term of 36 months under the following terms and conditions

It is ordered that the defendant shall pay to the United States a special assessment of $200 which is due

The defendant shall pay restitution in the total amount of $329,615.00 pursuant to Title 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.

The defendant shall be held jointly and severally liable with co-participants, Rito Miguel Diaz, Sr. and Rito Miguel Diaz, Jr. (Docket No. CR-06-00803) for the amount of restitution ordered in this judgment.

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 to

The defendant shall participate for a period of twelve (12) months in a location monitoring program which may include electronic monitoring, GPS, Alcohol Monitoring Unit, or voice and/or video recognition and shall observe all rules of such program, as directed by the Probation Officer;

The defendant shall pay the costs of location monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation. The defendant shall provide payment and proof of payments as directed by the Probation Officer;

It has been determined that monitoring transmitters may adversely affect pacemakers and other electronic implant devices. The defendant shall notify third parties likely to be at risk and shall permit the Probation Officer to confirm compliance with such notification requirement;

The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer;

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

During the period of probation, the defendant shall pay the special assessment and restitution in accordance with this judgment orders pertaining to such payment.

The defendant shall cooperate in the collection of a DNA sample from the defendant;

The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer;

Without the express prior approval of the Probation Officer, the defendant shall not engage, as whole or partial owner, employee, director, officer, contractor or otherwise, in any business involving mortgage loan programs, real estate investment, purchases, leases, rentals, sales or marketing. Further, the defendant 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; and

As directed by the Probation Officer, the defendant shall notify third parties with whom he is involved in any business pertaining to mortgage loan programs, real estate investment, purchases, leases, rentals, sales or marketing, of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the Probation Officer to make such notifications and to confirm the defendant's compliance with such notification requirement.

The mental health and electronic monitoring costs shall be based on the defendant's ability to pay as ...


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