The opinion of the court was delivered by: Dale S. Fischer, U. S. District Judge
Social Security No. 8 6 1 1
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 4 11 11
X WITH COUNSEL Samuel A. Josephs, Deputy Federal Public Defender
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:
18 U.S.C. §641: Theft of Government Property - Count 1 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: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that defendant, Paul Albert Dario, is placed on Probation on the Single Count Indictment for a period of five years 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 and restitution 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;
The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and The defendant shall perform 250 hours of community service, as directed by the Probation Officer.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. It is ordered that the defendant shall pay restitution in the total amount of $61,163.80 pursuant to 18 U.S.C. § 3663A. The amount of restitution ordered shall be paid as follows:
Amount $61,163.80 A partial payment of at least $10,000 shall be paid immediately. Defendant has indicated that this amount has been paid, and defendant is ordered to provide proof thereof to the Probation Officer. The balance of the restitution shall be paid in monthly installments of at least 10% of defendants's gross monthly income, but not less than $1,000, whichever is greater, during the term of probation. These payments shall begin 30 days after the date of this judgment.
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.
The Court advised the defendant of the right to appeal this judgment.
SENTENCING FACTORS: The sentence is based on the factors set forth in 18 U.S.C. §3553, including the applicable sentencing range set fort in the guidelines, as more ...