The opinion of the court was delivered by: District Judge Manuel L. Real
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: FEBRUARY 6, 2012
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL Christopher Dybwad DFPD PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a finding of X GUILTY, defendant has been convicted as charged of the offense(s) of: Theft of Government Property in violation of 18 USC 641 as charged in count four of the indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
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 defendant is placed on:
PROBATION for a term of three (3) years, under the following
terms and conditions: the defendant 1) shall comply with General Order
No. 05-02; 2) shall participate in mental health treatment, which may
include evaluation and counseling, until discharged from the treatment
by the treatment provider, with the approval of the Probation
3) shall pay all or part of the costs of treating the defendant's
counseling to the aftercare contractor during the period of community
supervision, pursuant to 18 USC 3672, and the defendant shall provide
payment and proof of payment as directed by the Probation Officer; 4)
shall not be employed in any capacity wherein she has custody, control
or management of her employer's funds; 5) shall not be employed in any
position that requires licensing and/or certification by any local,
state or federal agency without prior approval of the Probation
Officer; 6) 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 her true name or names without the prior written
approval of the Probation Officer; 7) shall apply any monies in excess
of $500.00 received from income tax refunds to the outstanding
court-ordered financial obligation, and in addition, shall apply all
received from lottery winnings, inheritance, judgments and any anticipated or
unexpected financial gains to the outstanding court-ordered financial obligation; 8)
shall perform one thousand(1000) hours of community service, as directed by the
Probation Officer; 9) shall report in person before the Court every 120 days as directed by the Probation Officer.
IT IS FURTHER ORDERED that the defendant pay restitution in the total amount of $39,177.00, pursuant to 18 USC 3663A, to be paid to victims as set forth in a separate victim list prepared by the Probation Office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.
IT IS FURTHER ORDERED that defendant pay a special assessment of $25.00, which is due immediately.
IT IS FURTHER ORDERED that all fines are waived.
IT IS FURTHER ORDERED that the defendant shall comply with General Order 01-05.
IT IS FURTHER ORDERED that any remaining counts are dismissed as to this defendant.
IT IS FURTHER ORDERED that the bond of the defendant 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 set out on the reverse side of 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 ...