The opinion of the court was delivered by: U. S. District Judge Gary Allen Feess
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 08 02 2010
X WITH COUNSEL Michael R. Kilts, 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:
Use of False Identification Document, in violation of 18 U.S.C. § 1028(a)(4), as charged in Count 1 of the Indictment; and False Claims to the United States; Aiding and Abetting and Causing an Act to Be Done, in violation 18 U.S.C. §§ 287; 2, as charged in Counts 2, 3 and 4 of the 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:
IT IS ORDERED that the defendant shall pay to the United States a special assessment of $325, which is due immediately.
IT IS ORDERED that the defendant shall pay restitution in the total amount of $780,959.14 pursuant to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as follows:
Defendant shall pay restitution in the total amount of $780,959.14 to victim(s) 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 by the Probation Officer 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 imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of the greater of $100 or 10 percent of his gross monthly income shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. 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.
The defendant shall be held jointly and severally liable with co-participants, for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.
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 to restitution.
Pursuant to the Sentencing Reform Act of 1984, IT IS THE JUDGMENT of the Court that the defendant, Luis Rodriguez Ortega, a.k.a. Miguel Valedon, is hereby committed on Counts 1 through 4 of the Indictment to the custody of the Bureau of Prisons for a term of fifty-seven (57) months. This term consists of 57 months on Counts 2, 3 and 4, to be served concurrently; and 12 months on Count 1, to be served concurrently with Counts 2, 3, and 4.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of 1 year on Count 1 and 3 years on Counts 2 through 4, all such terms to run concurrently under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;
2. The defendant shall refrain from any use of alcohol or 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;
3. The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;
4. During the period of community supervision the defendant shall pay restitution and the special assessment in accordance with this judgment's orders pertaining to such payment;
5. The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true ...