The opinion of the court was delivered by: George H. King, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 10 18 2010
Y WITH COUNSEL JOSEPH T. VODNOY, RETAINED
Y GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding of Y GUILTY, defendant has been convicted as charged of the offense(s) of:
MISAPPLICATION OF FUNDS FROM A BANK; in Violation of
TITLE 18 U.S.C. § 656, as charged in Count 1of the Indictment.
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:
It is ordered that the defendant shall pay to the United States a special assessment of $50, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $114,954 pursuant to 18 U.S.C. § 3663.
The amount of restitution ordered shall be paid as set forth in the confidential victim list attached to the Pre-Sentence Report.
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, monthly installments of at least $300, shall be made during the period of supervised release and shall begin 30 days after the commencement of supervision.
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, Edmund Macalisang Aclan is hereby committed on the single-count indictment to the custody of the Bureau of Prisons to be imprisoned for a term of: ELEVEN (11) MONTHS. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years 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 not commit any violation of local, state or federal law or ordinance;
The defendant refrain from any 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;
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 comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at the United States Court House, 312 N. Spring Street, Room 600, Los Angeles, California 90012;
The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance Corporation;
The defendant shall not be employed in any capacity wherein he has custody, control or management of his employer's funds; 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 of in any manner, any name other than this true legal name or names without the prior written approval of the Probation Officer; The defendant shall cooperate in the collection of a DNA sample from the defendant; and The defendant shall apply monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon on . 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: United States District Court, 312 N. Spring Street, Los Angeles, California 90012.
Court orders bond exonerated upon surrender.
Defendant waives his right to appeal that the Bureau of Prisons place the defendant at a facility near Henderson, Nevada.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within 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
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...