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United States of America v. Sergio Aguirre

March 29, 2011

UNITED STATES OF AMERICA
v.
SERGIO AGUIRRE



Social Security No. 9 6 3 8

(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. 03 28 2011

X WITH COUNSEL Paul Meyer, Rtd.

(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: Willful Filing Of A False Tax Return in violation of 26 U.S.C. § 7206(1) as charged in Count 1 of the Information.

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:

The defendant shall pay to the United States a special assessment of $100, which is due immediately.

Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine, when considering the amount of taxes owing and the needs of his dependents.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Sergio Aguirre, is hereby committed on the Single-Count Information to the custody of the Bureau of Prisons to be imprisoned for a term

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one year 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;

During the period of community supervision, the defendant shall pay the special assessment 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;

The defendant shall cooperate in the collection of a DNA sample from his person;

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; and

The defendant shall maintain one personal checking account. 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 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 July 11, 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 United States Court House, 411 West Fourth Street, Santa Ana,

The Court strongly recommends that the defendant be housed in a low security facility in Southern California to facilitate visitation ...


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