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United States v. Retana

November 18, 2010

UNITED STATES OF AMERICA
v.
MILTON RETANA SOCIAL SECURITY NO. 8198 (LAST 4 DIGITS)



The opinion of the court was delivered by: R. Gary Klausner, United States District Judge

AMENDED JUDGMENT TO REFLECT FINAL RESTITUTION ORERED ON NOVEMBER 15, 2010

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.

APRIL 26, 2010

X WITH COUNSEL William Harris, Panel (Name of Counsel)

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: Mail Fraud in violation of 18 USC 1341, as charged in Counts 2 through 7 of the Indictment; and False Statement in violation of 18 USC 1001(a)(2), as charged in Count 9 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 $700, which is due

It is ordered that the defendant shall pay restitution in the total amount of $29,621,285.90 to victims set forth in a separate victim list prepared by the Special Master and filed by the government under seal. Each victim's share of the total restitution should be the same proportion as their loss was to the total loss. Any monies recovered through civil forfeitures shall be credited to the total amount of restitution. In the event a particular victim receives funds in connection with the related civil forfeiture case, the restitution owed to that victim will be credited by an equivalent amount.

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 Court has entered a money judgment of forfeiture against the defendant, which is hereby incorporated by reference into this judgment and is final.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Milton Retana, is hereby committed on Counts Two through Seven and Nine of the Indictment to the custody of the Bureau of Prisons for a term of 300 months. This term consists of 240 months on each of Counts Two through Seven of the Indictment to be served concurrently to each other, and 60 months on Count Nine, to be served consecutively to all

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts Two through Seven and Nine of the Indictment, 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 318;

The defendant shall not commit any violation of local, state or federal law or ordinance.

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 North Spring Street, Room 600, Los Angeles, California 90012;

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records ...


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