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United States v. Dy

September 28, 2010

UNITED STATES OF AMERICA
v.
FELICIANO DY DEFENDANT



The opinion of the court was delivered by: Manuel L. Real District Judge

S. Security # -----7088

Residence: Metropolitan Detention Center Mailing: SAME 535 Alameda Street Los Angeles, CA 90012

JUDGMENT AND PROBATION/COMMITMENT ORDER In the presence of the attorney for the government, the defendant appeared in person, on: SEPTEMBER 27, 2010

Month / Day / Year

COUNSEL:

WITHOUT COUNSEL

However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.

XX WITH COUNSEL Lynne Coffin, appointed PLEA:

X GUILTY, and the Court being satisfied that there is a factual basis for the plea.

FINDING:

There being a finding of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Health Care Fraud in violation of Title 18 USC 1347 as charged in count 36 of the indictment.

JUDGMENT AND PROBATION/COMMITMENT ORDER:

The Court asked whether defendant had anything to say 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 PLACED ON PROBATION for a term of five (5) years.

The terms and conditions of defendant's Probation are hereby Ordered and Adjudged to be as follows: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02; 2) shall not commit any violation of local, state or federal law or ordinance; 3) shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 4) shall cooperate in the collection of a DNA sample from the defendant; 5) shall comply with the immigration rules and regulations of the United States and when deported from this country either voluntarily or involuntarily not re-enter the United States illegally and although not required to report to the Probation Office while residing outside of the United States, shall, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, report for instructions to the U.

S. Probation Office located at the United States Court House, 312 North Spring Street, Room 600, Los Angeles, Ca 90012; 6) shall apply all monies received from income tax refunds to the outstanding court-ordered financial obligation, and in addition, shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.

IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.

IT IS FURTHER ORDERED that defendant pay restitution in the total amount of $193,412.99 pursuant to 18 U.S.C. 3663A; nominal monthly payments of at least $100.00 shall be made during the period of probation. 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. Interest on the restitution is waived as the defendant does not have the ability to pay interest.

IT IS FURTHER ORDERED that all fines are waived. The defendant shall comply with General Order 01-05.

IT IS FURTHER ORDERED that the defendant is released from the custody of this Court, but is Ordered to be forthwith delivered to agents of I.C.E. for determination of his status in this country.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of this judgment be imposed. the Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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