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United States of America v. Gerald Guidry

October 17, 2011


Social Security No. 7 1 7 0

(Last 4 digits)


In the presence of the attorney for the government, the defendant appeared in person on this date. 10 17 2011

Michael Meza, panel

(Name of Counsel)

X 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: Count 1: 18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES; Count 2: 18:1001(a)(2) FALSE STATEMENTS OF THE 2ND SUPERSEDING INFORMATION 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:

36 months on Counts 1 and 2 of the Second Superseding Information . This term consists of 36 months on each of Counts 1 and 2 of the Second Superseding Information, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years, on each of Counts 1 and 2, under the following terms and conditions, to be served concurrently:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

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 not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;

The defendant shall apply monies in excess of $500 received from income taX refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and

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

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due

Pursuant to 18 U.S.C. § 3664(d)(5), the determination of restitution is deferred until a date not to exceed 90 days after today. An Amended judgment will be entered after such determination.

All fines are waived as it is found that the defendant does not have the ability to pay.

The Court recommends that the defendant be housed in a Southern California facility.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, on April 27, 2012. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at the Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012.

Pursuant to 18 U.S.C. § 3553(a), the court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The Court, in determining the particular sentence to be imposed, shall consider:

The nature and circumstances of the offense and the history and characteristics of the defendant; The need for the sentence imposed --

a. To reflect the seriousness of the offense; to promote respect for the law; and to provide just ...

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