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Tates of Am Erica v. Kiet Anh Trieu

United States District Court Central District of California

September 22, 2011


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

Social Security No. 7 9 5 1 (Last 4 digits)



the presence of the attorney for the government, the defendant appeared in person on this date. 09 19 2011

Angela Viramontes, Deputy Fedeal Public Defender

(Name of Counsel)

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


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

M anufacture and Possession with Intent to Distribute M arijuana, in violation of Title 21, United States Code, Section 841(a)(1(b)(1)(A)(vii), as charged in Count 1 of the 2-Count 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:

ordered that the defendant shall pay to the United States a special assessment of $100, which is due fines are waived as it is found that such sanction would place an undue burden on the defendant's Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Kiet is hereby committed on Count One of the Indictment to the custody of the Bureau of Prisons to be for a term of 1-day.

pon release from imprisonment, the defendant shall be placed on supervised release for a term of 4 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;

The Court finds that the drug testing requirement as mandated pursuant to statute is ordered waived, as it is determined that the defendant lacks a history of drug or alcohol abuse.

The defendant shall reside for a period of 6 months in a residential re-entry center (community corrections component), as directed by the Probation Officer, and shall observe the rules of that facility;

The defendant shall participate for a period of 12 months in a home detention program which may include electronic monitoring, GPS, alcohol Monitoring Unit or automated identification systems and shall observe all rules of such program, as directed by the Probation Officer (pending approval by the Location Monitoring unit). The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment;

The defendant shall pay the costs of Location Monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; and

The defendant shall cooperate in the collection of DNA sample from the defendant.

The defendant was informed of his right to file an appeal within 14 days of entry of judgment; further, the defendant may file a request for an order for waiver of the filing fee to file his notice of appeal, with the Clerk's Office.

Court hereby ORDERS the dismissal of Count 2 of the Indictment in the interest of justice.

Bond is ORDERED exonerated upon the defendant's reporting to the United States Officer.

Court recommends to the Probation Officer that the defendant be allowed to serve the term of 6 months at a residential re-entry center (community corrections center) in West to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation

Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend f supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue revoke supervision for a violation occurring during the supervision period.

that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified

Clerk, U.S. District Court

B y

eptember 22, 2011

Jim Holmes /s/

iled Date Deputy Clerk

ant shall comply with the standard conditions that have been adopted by this court (set forth below).


While the defendant is on probation or supervised release pursuant to this judgment:

defendant shall not commit another Federal, state or

9. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

defendant shall not leave the judicial district without the permission of the court or probation officer;

defendant shall report to the probation officer as by the court or probation officer and shall submit and complete written report within the first five

10. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

days of each month; defendant shall answer truthfully all inquiries by the officer and follow the instructions of the

11. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

probation officer; defendant shall support his or her dependents and meet

12. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

responsibilities; defendant shall work regularly at a lawful occupation excused by the probation officer for schooling, training, or other acceptable reasons; defendant shall notify the probation officer at least 10

13. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement;

any change in residence or employment; defendant shall refrain from excessive use of alcohol shall not purchase, possess, use, distribute, or any narcotic or other controlled substance, or paraphernalia related to such substances, except as by a physician; defendant shall not frequent places where controlled are illegally sold, used, distributed or

14. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;

15. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.

efendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).


defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine n is paid in full before the fifteenth (15th ) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments

ject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, not applicable for offenses completed prior to April 24, 1996.

all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay as directed by the United States Attorney's Office. 18 U.S.C. §3613.

defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's mailing address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change ant's economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. he Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party , adjust the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) bation 18 U.S.C. §3563(a)(7).

ayments shall be applied in the following order:

1. Special assessments pursuant to 18 U.S.C. §3013;

2. Restitution, in this sequence:

Private victims (individual and corporate),

Providers of compensation to private victims, The United States as victim; 3. Fine; 4. Community restitution, pursuant to 18 U.S.C. §3663(c); and 5. Other penalties and costs.


directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit uiries; (2) federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate financial with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not loan or open any line of credit without prior approval of the Probation Officer.

defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank

including any business accounts, shall be disclosed to the Probation Officer upon request.

defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 proval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.


the within Judgment and Commitment as follows:

elivered on to

noted on appeal on

released on

issued on

appeal on

elivered on to

institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal


ate Deputy Marshal


and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, legal custody.

Clerk, U.S. District Court


iled Date Deputy Clerk


ing of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the ervision, and/or (3) modify the conditions of supervision.

conditions have been read to me. I fully understand the conditions and have been provided a copy of them.


Defendant Date

U. S. Probation Officer/Designated Witness Date


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