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Tates of Am Erica v. Sylvia Ho

United States District Court Central District of California


December 12, 2011

TATES OF AM ERICA
v.
SYLVIA HO

The opinion of the court was delivered by: Percy Anderson, United States District Judge

Social Security No. 9 7 9 8 (Last 4 digits)

JUDGM ENT AND PROBATION/COM M ITM ENT ORDER MONTH DAY YEAR

the presence of the attorney for the government, the defendant appeared in person on this date. 12 12 2011

David Phillips, appointed

(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:

False Statement in Document in violation of Title 18 U.S.C. § 1001(a)(3), as charged in Count Three of the Indictment. T /

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, Sylvia Ho, is hereby placed on probation on the Count Three of the Indictment for a term of THREE YEARS under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

The defendant may not associate with anyone known to her to be a Red Door gang member and others known to her to be participants in the Red Door gang's criminal activities, with the exception of her family members. She may not wear, display, use or possess any gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing that defendant knows evidence affiliation with the Red Door gang, and may not display any signs or gestures that defendant knows evidence affiliation with the Red Door gang;

As directed by the Probation Officer, the defendant shall not be present in any area known to her to be a location where members of the Red Door gang meet and/or assemble;

The defendant shall participate for a period of six 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; and

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. The defendant shall provide payment and proof of payment as directed by the Probation Officer.

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

It is ordered that the defendant shall pay to the United States a special assessment of $100, 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.

Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he and is not likely to become able to pay any fine.

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

her right to appeal.

Defendant's bond is ordered exonerated.

Upon government's motion, all remaining counts of the underlying indictment, are ordered dismissed.

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

ecember 12, 2011 By

/ S / Staci J. Momii, Relief Deputy Clerk

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:

efendant shall not commit another Federal, state or local

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;

efendant shall not leave the judicial district without the permission of the court or probation officer;

efendant shall report to the probation officer as directed by urt or probation officer and shall submit a truthful and lete written report within the first five days of each month; fendant shall answer truthfully all inquiries by the n officer and follow the instructions of the probation

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;

efendant shall support his or her dependents and meet family responsibilities; efendant shall work regularly at a lawful occupation unless by the probation officer for schooling, training, or acceptable reasons; ant shall notify the probation officer at least 10 days any change in residence or employment; efendant shall refrain from excessive use of alcohol and not purchase, possess, use, distribute, or administer any tic or other controlled substance, or any paraphernalia to such substances, except as prescribed by a physician; efendant shall not frequent places where controlled stances are illegally sold, used, distributed or administered;

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;

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;

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.

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

th

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.

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.

RETURN

the within Judgment and Commitment as follows:

elivered on to

noted on appeal on

released on

issued 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

By

ate Deputy Marshal

CERTIFICATE

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

y.

Clerk, U.S. District Court

By

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.

igned)

Defendant Date

U. S. Probation Officer/Designated Witness Date

20111212

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