The opinion of the court was delivered by: District Judge Manuel L. Real
Residence: Metropolitan Detention Center
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: March 5, 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 Peter Swarth, appointed FINDING:
There being a jury verdict of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to commit access device fraud in violation of Title 18 U.S.C. 1029(b)(2) as charged in count 1; Fraudulent activity in connection with access devices; aiding and abetting in violation of Title 18 U.S.C. 1029(a)(2) and 2(a) as charged in counts 2 and 3; Aggravated identity theft; aiding and abetting in violation of Title 18 U.S.C. 1028A(a)(1); 2(a) as charged in count 4, 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 the defendant is hereby committed to the Bureau of Prisons to be imprisoned for a term of:
Seventy-five (75) months, consisting of fifty-one (51) months on counts 1 through 3, to be served concurrently, and twenty-four (24) months on count 4, to be served consecutive to the sentence on counts 1 through 3, for a total sentence of seventy-five (75) months.
IT IS FURTHER ADJUDGED that upon release from imprisonment defendant shall be placed on supervised release for four (4) years, consisting of 3 years on counts 1 - 3 and 1 year on count 4 to be served consecutive to the term imposed on counts 1 through 3 for a total of four (4) years, under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02; 2) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 3) shall participate in outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer, and shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;4) during the course of supervision, with the agreement of the defendant and defense counsel, the Probation Officer may place the defendant in a residential treatment program approved by the Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer; 5) shall as directed by the Probation Officer pay all or part of the costs of treating the defendant's drug dependency 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; 6) during the period of community supervision shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 7) shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification without the prior written approval of the Probation Officer, and shall not use for any purpose or in any manner, any name other than her true legal name; 8) when not employed at least part-time or enrolled in an educational or vocational program, shall perform 20 hours of community service per week as directed by the Probation Officer; 9) shall not engage, as whole or partial owner, employee or otherwise, in any business where he would have access or control of the bank accounts or assets of others, without the express approval of the Probation Officer prior to engagement in such employment; 10) shall as directed by the Probation Officer apply any monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; 11) shall participate in a mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer; 11) shall cooperate in the collection of a DNA sample from the defendant.
The Court authorizes the Probation Officer to disclose the Presentence Report, and/or any previous mental health evaluations or reports, to the treatment provider. The treatment provider may provide information (excluding the presentence report) to state or local service agencies (such as the State of California, Department of Social Services) for the purpose of the client's rehabilitation. Further, the Court authorizes the Probation Officer to disclose the presentence report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further disclosure of the presentence report by the treatment provider is prohibited without the consent of the sentencing judge.
IT IS FURTHER ORDERED that all fines and costs of imprisonment are waived.
IT IS FURTHER ORDERED that defendant pay a special assessment of $400.00, which is due immediately.
IT IS FURTHER ORDERED that defendant pay restitution in the total amount of $177,761.21, 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.
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 the defendant's gross monthly income, but not less than $100, whichever is greater, during the period of supervised release and shall begin 30 days after the commencement of supervision. 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.
The defendant shall be held jointly and severally liable with co-participant Tony Khac Nguyen for $28,002.34 to BofA and $12,161.25 to Capital One Bank of the restitution ordered in this judgment. The victims' reccovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution. Interest on the restitution is waived. Payments may be subject to penalties for default and delinquency.
The defendant shall comply with General Order No. 01-05.
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 ...