The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge
Cristian Rivera Social Security No.
JUDGM ENT AND PROBATION/COM M ITM ENT ORDER
the presence of the attorney for the government, the defendant appeared in person on this date. 07 19 11
David Philips, Appointed Counsel (CJA Panel)
U 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:
Title 18, United States Code, Section 1341, M ail Fraud, as charged in Count 31; Title 18, United States Code, Section 1028A(a)(1), Aggravated Identity Theft, as charged in Count 42 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 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 $200, 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 $315,816 pursuant to Title 18, Code, Section 3663A.
of restitution ordered shall be paid as follows:
Revenue Service $315,816.00
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 $25 or 5 percent of the defendant's income, whichever is greater, shall be made during the period of supervised release. These shall begin 30 days after the commencement of supervision. Nominal restitution payments are the court finds that the defendant's economic circumstances do not allow for either immediate or of the amount ordered.
to Title 18, United States Code, Section 3612(f)(3)(A), interest on the restitution ordered is waived defendant does not have the ability to pay interest. Payments may be subject to penalties for delinquency pursuant to Title 18, United States Code, Section 3612(g).
shall comply with General Order No. 01-05.
are waived as it is found that the defendant does not have the ability to pay a fine in addition to to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jesus is hereby committed on Counts 31 and 42 of the Indictment to the custody of the Bureau of Prisons of 54 months. This term consists of 30 months on Count 31, and 24 months on Count 42, to be consecutively.
from imprisonment, the defendant shall be placed on supervised release for a term of three years. consists of three years on Count 31 and one year on Count 42 of the Indictment, all such terms to under the following terms and conditions:
defendant shall comply with the rules and regulations of the U. S. Probation Office and eneral Order 05-02.
defendant shall not commit any violation of local, state or federal law or ordinance.
uring 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.
defendant shall cooperate in the collection of a DNA sample from the defendant.
defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's legal name; nor shall the defendant use, for any purpose or in any manner, any name other her true legal name or names without the prior written approval of the Probation Officer.
defendant shall apply all monies received from income tax refunds to the outstanding court-financial obligation. In addition, the defendant shall apply all monies received from winnings, inheritance, judgments and any anticipated or unexpected ...