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United States v. Gutierrez

September 27, 2010

UNITED STATES OF AMERICA
v.
CHARYTO GUTIERREZ SOCIAL SECURITY NO. 8 6 3 0 CHARYTO GARDEA; MARIA DEL ROSARIO GARDEA CHARYTO MARIA DEL ROSARIO GARDEA; MARIA GARDEA MARIA ROSARIO AVALOS DE GARDEA (LAST 4 DIGITS)



The opinion of the court was delivered by: U. S. District Judge Andrew J. Guilford

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. 09 27 2010

X WITH COUNSEL Adriaan Van Der Capellan, Retained

(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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Bank Fraud in violation of 18 U.S.C. § 1344, 2 as charged in Counts 1-3 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: 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 $300.00, which is due immediately. It is ordered that the defendant shall pay restitution in the total amount of $430,774.16 under 18 U.S.C. § 3663A. The amount of restitution ordered shall be paid as follows: Victim: Ross Pallets, Inc.,

A partial payment of $150,000.00 shall be paid within 90 days after the date of this judgment. The balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and under the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least 10% of the defendant's gross monthly income, but not less than $200.00, whichever is greater, 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 present economic circumstances do not allow for either immediate or future payments of a higher amount.

Under 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 under 18 U.S.C. § 3612(g). The defendant shall comply with General Order No. 01-05. Under U.S.S.G. § 5E1.2(a), all fines are waived as the Court finds that any money that the defendant has to pay a fine should instead be paid towards restitution. Nothing in these provisions from our criminal law concerning restitution shall effect the

Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Charyto Gutierrez, is hereby committed on Counts 1-3 of the 3-Count Information to the custody of the Bureau of Prisons to be imprisoned for a term of 33 months. This term consists of 33 months on each of Counts 1-3 of the 3-Count Information, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on each of Counts 1-3 of the 3-Count Information, all such terms to run concurrently 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 cooperate in the collection of a DNA sample from her person;

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 not be employed in any capacity wherein she has custody, control, or management of her employer's funds; and

The defendant shall apply all monies 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.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

It is further ordered that the defendant surrender herself to the institution designated by the Bureau of Prisons on or before 12 noon, on January 7, 2011. In the absence of such designation, the defendant shall report on or before the same date and time to the United States Marshal located at the ...


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