The opinion of the court was delivered by: U. S. District Judge Gary Allen Feess
Social Security No. 8 1 7 7
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 11 21 2011
WITH COUNSEL Anthony Brooklier, Retained
GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO NOT CONTENDERE GUILTY
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Wire Fraud, Aiding and Abetting and Causing an Act to be Done in violation of 18 U.S.C. §§ 1343, 2; False Statement to Federally Insured Financial Institution, Aiding and Abetting and Causing an Act to be Done in violation of 18 U.S.C. §§ 1014, 2; and False Statement to Government Agency in violation fo 18 U.S.C. § 1001(a)(2)), as charged in the Second Superseding 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, Mike Otero aka Luis Lopez, is hereby committed on counts one through four of the four-count Second Superseding Indictment to the custody of the Bureau of Prisons for a term of TIME SERVED.
It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately.
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.
Defendant shall be placed on supervised release for a term of 3 years. This term consists of 2 years on counts one and four and 3 years on counts two and three of the Second Superseding Indictment, all such terms to run concurrently under the following terms and conditions:
1. The defendant shall participate for a period of 9 months in a home detention program which includes electronic monitoring, GPS, or voice recognition 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 electronic 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 payment as directed by the Probation Officer;
2. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;
3. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
4. The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer; and
5. The defendant shall cooperate in the collection of a DNA sample from the defendant.
6. The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the U. S. Probation Office, located at: United States Court House, 312 North Spring Street, Room 600 Los Angeles, California 90012.
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.
Defendant informed of his right to appeal. Bond is exonerated.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...