United States District Court Central District of California
October 24, 2011
TATES OF AM ERICA
NIO LUNA, TONY LUNA
The opinion of the court was delivered by: Percy Anderson, United States District Judge
Social Security No. 3 3 6 1
(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. 10 24 2011
Stewart J. Powell, Ret
(Name of Counsel)
X 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:
Conspiracy in violation of Title 18 U.S.C. § 371, as charged in Count One of the First Superseding Information; and Subscription to False Tax Return in violation of Title 26 U.S.C. § 7206(1), as charged in Count Two of the First 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, Anthony Luna, is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of One Year and a Day. This term consists of One Year and a Day on each of Counts One and Two of the First Superseding Information, to be served concurrently.
from imprisonment, the defendant shall be placed on supervised
release for a term of two years. This term consists of two years on
Count One, and one year on Count Two, all such terms to run
concurrently under the
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 participate for a period of 6 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. 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 in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer.
During the period of community supervision the defendant shall pay the special assessment and fine 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;
The defendant shall perform 50 hours of community service, as directed by the Probation Officer;
The defendant shall truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order;
As directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report inquiries; (2) federal and state income tax returns and a signed release authorizing their disclosure and (3) an accurate financial statement, with supporting documentation as to all assets, income, expenses, and liabilities of the defendant;
The defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary proceeds shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any business accounts, shall be disclosed to the Probation Officer upon request; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
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 ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
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.
It is ordered that the defendant shall pay to the United States a
total fine of $40,000, consisting of the following: Count
fine of $20,000; Count Two, a fine of $20,000. The total fine
shall bear interest as provided by law.
shall be paid in full within 120 days from the date of the Judgment.
The Court has entered a money judgment of forfeiture against the defendant, which is hereby incorporated by reference
judgment and is final.
The defendant shall comply with General Order No. 01-05.
his right to appeal.
The Court recommends that defendant be housed in a facility in Southern California.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12:00 p.m., on January 10, 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 Roybal Federal Building, 255 East Temple Street, Los 90012.
Upon government's motion, all remaining counts of the underlying indictment, are ordered dismissed.
Defendant's bond is ordered exonerated upon self-surrender.
to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke 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 officer.
Clerk, U.S. District Court
ctober 24, 2011 By
P. Songco /S/
iled Date Deputy Clerk
ant shall comply with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment:
defendant shall not commit another Federal, state or local crime; defendant shall not leave the judicial district without the written
10. 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;
of the court or probation officer; defendant shall report to the probation officer as directed by the or probation officer and shall submit a truthful and complete report within the first five days of each month; defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; defendant shall support his or her dependents and meet other
11. 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;
12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;
13. 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 unless by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior
14. 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;
change in residence or employment; defendant shall refrain from excessive use of alcohol and shall not possess, use, distribute, or administer any narcotic or other substance, or any paraphernalia related to such substances, except as prescribed by a physician; defendant shall not frequent places where controlled substances
15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;
16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.
sold, used, distributed or administered;
The defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).
STATUTORY PROVISIONS PERTAINING TO PAYM ENT AND COLLECTION OF FINANCIAL SANCTIONS
defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or paid in full before the fifteenth (15 ) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments may be subject
for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, however, are not 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 the irected 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 or 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 in the economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and for probation 18 U.S.C. ).
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.
SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE
directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate financial statement, with documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not apply for any loan or open 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 proceeds osited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any unts, shall be disclosed to the Probation Officer upon request.
e defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without 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
appeal determined 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, and in my
Clerk, U.S. District Court
iled Date Deputy Clerk
FOR U.S. PROBATION OFFICE USE ONLY
ing of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of 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.
U. S. Probation Officer/Designated Witness Date
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