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United States of America v. Spencer Tnd Dang

December 7, 2010

UNITED STATES OF AMERICA
v.
SPENCER TND DANG



The opinion of the court was delivered by: James V. Selna U. S. District Judge

Social Security No. 2 7 0 7

Tinh Lin Nyah; Thinh Nguyen Duy Dang; Mikey (Last 4 digits)

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. NOV 29 2010

WITH COUNSEL Craig Wilke, appointed

(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 Title 18 U.S.C. 1344; Aiding and Abetting in violation of Title 18 U.S.C. as charged in Counts 8 and 15 of the 1st Superseding 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: 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: twenty-four (24) months on each of Counts 8 and 15 of the 1st Superseding Indictment, each term to run concurrently.

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due Pursuant to 18 U.S.C. 3664(d)(5), the determination of restitution is deferred to January 10, 2011. An amended judgment will be entered after such determination.

The defendant shall comply with General Order No. 01-05.

All fines are waived because it is found that the defendant lacks the ability to pay a fine in addition to the Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years on each of Counts 8 and 15, 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;

During the period of community supervision the defendant shall pay the special assessment and any restitution that may be ordered in accordance with this judgment's orders pertaining to such payment;

The defendant shall cooperate in the collection of a DNA sample from the defendant; and The defendant shall apply monies in excess of $500 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; and

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 himself to the institution designated by the Bureau of Prisons on or before 12 noon on January 31, 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 United States Court House, 411 West Fourth Street, Santa Ana, California 92701-4516.

The Court ORDERS the defendant's bond exonerated upon surrender.

The Court advises the defendant of his right to appeal.

The Court recommends placement in a Southern ...


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