The opinion of the court was delivered by: James V. Selna U. S. District Judge
AMENDED November 21, 2011 at to Restitution AMENDED November 21, 2011 at to Restitution
Social Security No. 3 8 3 2 (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. AUG 29 2011
WITH COUNSEL Michael Meza, appointed
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: Bank Fraud in violation of Title 18 U.S.C. 1344; Aiding and Abetting an Act to be Done in violation of Title 18 U.S.C. 2 as charged in Counts 5, 14 and 44 of the 1st Superseding 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: Eighteen (18) months on each of Counts 5, 14 and 44 of the 1st Superseding Indictment, each term to run concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25.00 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.
It is ordered that the defendant shall pay restitution in the total amount of $296, 983.11 , pursuant to 18 U.S.C. § . Defendant shall pay restitution in the amount ordered to victims as set forth the Court's Findings and Order Filed on November 16, 2011. If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment. 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 restitution remains unpaid after release from custody, monthly installments of at least 10% of defendants's gross monthly income, but not less than , during the period of supervised release and shall begin 30 days after the commencement of The Court further ORDERS that the defendant's restitution obligation is jointly and severally liable with the individuals listed in Exhibit A to this Judgment and Commitment Order and in the Court's Findings and Order Filed November 16, 2011.
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.
The defendant shall comply with General Order No. 01-05.
Upon release from prison, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of three years on each of counts 5, 14, and 44 of the First Superseding 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 General Order 05- 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 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 the defendant.
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 December 1, 2011. 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 United States Court House, 411 West Fourth Street, Santa Ana, California 92701-4516.
The Court ORDERS the defendant's bond exonerated upon surrender.
The Court advises the defendant of his right to appeal.
The Court recommends placement in a Southern California facility or as close as is possible to Southern California.
The Court grants the government's motion to any remaining counts of the superseding indictment and the underlying indictment as to this defendant only.
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. ...