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United States of America v. Lee Elias Rodriguez

December 1, 2010

UNITED STATES OF AMERICA
v.
LEE ELIAS RODRIGUEZ



The opinion of the court was delivered by: John E. McDermott U. S. District Judge/Magistrate Judge

Social Security No. 2 1 0 6 (Last 4 digits)

JUDGMENT AND PROBATION/COMMITMENT ORDER SECOND AMENDED MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 09 29 10

x WITH COUNSEL Marshall W. Taylor, Esq.

(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 of GUILTY, defendant has been convicted as charged of the offense(s) of: Willful Failure to File Income Tax Return, in violation of Title 26 United States Code 7203, a Class A Misdemeanor.

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 six (6) months.

It is ordered that defendant shall pay to the United States a special assessment of $25, which is due immediately.

It is ordered that defendant shall pay restitution in the amount of $121,570.40 (with interest of $174,072.14 and penalties of $202,682.03, to be paid separately) to the Internal Revenue Service pursuant to 18 U.S.C. Section 3583(d).

Defendant shall comply with General Order No. 01-05.

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 Facility Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least $1,000 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervised release. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do no allow for either immediate or future payment of the amount ordered.

All fines are waived as it is found that the defendant does not have the ability to pay fine in addition to restitution.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one (1) year under the following terms and

The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02.

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 truthfully and timely file and pay taxes owed for the years of conviction, and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order. As directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report inquiries; (2) federal and state income tax returns and a signed release authorizing their disclosure and (3) an accurate financial statement, with supporting documentation as to all assets, income, expenses, and liabilities of the defendant.

The defendant shall maintain one personal checking account in his name. All of defendant's income, "monetary gains," or other pecuniary proceeds shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any business accounts, shall be disclosed to the Probation Officer upon request.

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

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, December 1, 2010. 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 Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012.

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, ...


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