Social Security No. 3 4 4 8
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 06 24 2011
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: Wire and Bank Fraud Conspiracy in violation of 18 U.S.C. § 1349 as charged in Count One (1) of the Indictment; Bank Fraud, Aiding and Abetting and Causing an Act to be Done in violation of 18 U.S.C. § 1344 (1), 2 as charged in Counts Two through Forty-Four (2-44) of the Indictment;
Aggravated Identity Theft in violation of 18 U.S.C. § 1028A(a)(1), 2 as charged in Count Forty-Five (45) of the Indictment;
Computer Fraud Conspiracy as charged in Count Forty-Eight (48) of the Indictment;
Computer Fraud as charged in Counts Forty-Nine and Fifty (49 and 50); and Money Laundering Conspiracy as charged in Count Fifty-One (51) 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: A TOTAL OF ONE HUNDRED THIRTY-TWO (132) MONTHS, broken down as follows: ONE HUNDRED EIGHT (108) MONTHS on Counts One through Forty-Four (1-44);
SIXTY (60) MONTHS on Counts Forty-Eight through Fifty-One (48-51), to be served concurrently; and TWENTY-FOUR (24) MONTHS on Count Forty-Five (45), to be served consecutively.
It is ordered that the defendant shall pay to the United States a special assessment of $4,900, which is due immediately. Any unpaid balance 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.
Defendant shall pay restitution in the total amount of $301,662.01 pursuant to 18 U.S.C. § 3663A. The amount of restitution ordered shall be paid as follows:
Victim Amount Bank of America $262,566.61 Security Recovery Services 800 Market St.
Wells Fargo Bank $39,095.40 Attn: Gloria Luna MAC E2829-042 P.O. Box 5810 El Monte, CA 91734
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 15% of any earned income shall be made during the period of supervised release. Any disability income will be excluded from the earned income.
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.
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 be held jointly and severally liable with the 52 co-defendants for the amount of restitution ordered in this judgment. The defendant shall comply with General Order No. 01-05.
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.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1 through 44 and 48 to 51, and one year on Count 45, all such terms to run concurrently under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;
2. 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;
3. The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, ...