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United States of America v. Saak Avakyants

February 14, 2011

UNITED STATES OF AMERICA
v.
SAAK AVAKYANTS



The opinion of the court was delivered by: Margaret M. Morrow United States District Judge

Social Security No. 7 0 0 2

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. 01 10 2011

X WITH COUNSEL DFPD CARLTON GUNN

(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 GUILTY, defendant has been convicted as charged of the offense(s) of:

Counts 7, 8, 9, 12 and 13: Access Device Fraud (18 U.S.C. §§1029(a)(1), 2(b)). Class C Felony.

Count 22: Possession of 15 or More Unauthorized and Counterfeit Access Devices (18 U.S.C. §1029(a)(3)). Class C Felony.

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 $600, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $34,465.22 pursuant to 18 U.S.C. § 3663A.

Defendant shall pay restitution in the total amount $34,465.22 to victims as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.

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, nominal monthly payments of at least $100 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. 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.

If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.

The defendant shall be held jointly and severally liable with co-defendants Vahe Manukyan, Hovsep Hovsepyan, Hayrapet Avetisyan, and Sergey Mkrtychyan for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).

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, Saak Avakyants, is hereby committed on Counts 7, 8, 9, 12, 13 and 22 of the Indictment to the custody of the Bureau of Prisons for a term of 11 months. This term consists of 11 months on each of ...


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