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Tates of Am Erica v. Emilio Pacheco

June 21, 2011

TATES OF AM ERICA
v.
EMILIO PACHECO



The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge

Social Security No. 3 4 1 0

(Last 4 digits)

JUDGM ENT AND PROBATION/COM M ITM ENT ORDER

M ONTH DAY YEAR

the presence of the attorney for the government, the defendant appeared in person on this date. 06 20 2011

W WITH COUNSEL Michael R. Kilts, Retained Counsel

(Name of Counsel)

GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO NOT GUILTY CONTENDERE

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

Wire Fraud, in violation of Title 18, United States Code, Section 1343, 2, as charged in Count Six of the First Superseding 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 the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

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

Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

that the defendant shall pay restitution in the total amount of $282,259.98 pursuant to 18 U.S.C. § of restitution ordered shall be paid as follows:

ictim Amount urora Loan Services $118,259.98

Countrywide $164,000.00

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

shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution unpaid after release from custody, nominal monthly payments of at least $25 shall be made during the supervised release. These payments shall begin 30 days after the commencement of supervision. restitution payments are ordered as the court finds that the defendant's economic circumstances do for either immediate or future payment of the amount ordered.

to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant

§ 3612(g).

shall comply with General Order No. 01-05.

to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has that he is unable to pay and is not likely to become able to pay any fine.

to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Emilio is hereby committed on Count 6 of the First Superseding Indictment to the custody of the Bureau of be imprisoned for a term of 24 months.

from imprisonment, the defendant shall be placed on supervised release for a term of three years following terms and conditions:

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

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;

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 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;

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service ...


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