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United States of America v. Visanio Eugene Vann Bagio Gancini Robert

November 4, 2011

UNITED STATES OF AMERICA
v.
VISANIO EUGENE VANN BAGIO GANCINI ROBERT J. RUIZ VISANIO GIOVANNI CRAIG BALZER VISANIO EUGENE VAN



The opinion of the court was delivered by: S. James Otero U. S. District Judge/Magistrate Judge

AMENDED JUDGMENT

Social Security No. 9 5 0 2 (Last 4 digits)

JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. Nov 5, 2009

x WITH COUNSEL George W. Buehler, appointed

(Name of Counsel)

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 x GUILTY, defendant has been convicted as charged of the offense(s) of: 18:1029(a)(2), (c)(1)(A)(i) FRAUDULENT USE OF UNAUTHORIZED ACCESS DEVICES on Count 1, 18:1341 MAIL FRAUD on Count 5, 18:1028A: AGGRAVATED IDENTITY THEFT on Counts 9 as charged in counts 1, 5, 9 of the Indictment.

The Court asked whether defendant had anything to say 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:

AMENDED JUDGMENT PURSUANT TO ORDER OF NINTH CIRCUIT. SPECIAL CONDITIONS OF PROBATION AND SUPERVISED RELEASE DO NOT APPLY IN THIS CASE.

It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due

It is ordered that the defendant shall pay restitution in the total amount of $1,065,701.04 pursuant to 18

The amount of restitution ordered shall be paid as follows:

Amount

Chase Bank $220,579.19 American Express $82,909.19 Bank of America $131,001.17 Citibank $566,254.88 US Bank $62,398.26 Wells Fargo $1,652.82 Capital One $905.57 TOTAL: $1,065,701.04

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 $200 shall be made during the period of supervised release. 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

The defendant shall comply with General Order No. 01-05.

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to

The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment;

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Visanio Eugene Vann, is hereby committed on Counts 1, 5 and 9 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 84 months.

This term consists of 60 months on each of Counts 1 and 5, to be served concurrently, and 24 months on Count 9, to be served consecutively to the terms imposed on Counts 1 and 5.

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 and 5, and 1 year on Count 9 of the Indictment, all such terms to run concurrently under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and

The defendant shall not commit any violation of local, state or federal law or ordinance;

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 refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment/placement of probation and at least two periodic drug tests thereafter, not to ...


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