United States District Court Central District of California
May 9, 2012
TATES OF AM ERICA
JR LUIS HATCH, JR.; LUIS HATCH; FLACO
The opinion of the court was delivered by: Stephen V. Wilson, U. S. District Judge
Social Security No. 4 1 7 0
(Last 4 digits)
JUDGM ENT AND PROBATION/COM M ITM ENT ORDER
M ONTH DAY YEAR
the presence of the attorney for the government, the defendant appeared in person on this date. 05 07 2012
Pedro V. Castillo, DFPD
(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: POSSESSION OF DEVICE-M AKING EQUIPM ENT; AIDING AND ABETTING in violation of 18 U.S.C §§ 1029(a)(4),2(a) as charged in Count 4 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
REE (3) YEARS
n release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following nditions:
The defendant shall comply with the rules and regulations of General Order 05-02, and General order 01-05, including the conditions delineated in General Order 01-05;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by Officer;
During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with orders pertaining to such payment;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other entification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any than his true legal name or names without the prior written approval of the Probation Officer; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. Any unpaid be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons'
ordered that the defendant shall pay restitution in the total amount of $2,881.95, pursuant to 18 U.S.C. § 3663A, to victims as set arate victim list prepared by the probation office which this court adopts and which reflects the Court's determination of the restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain to protect the privacy interests of the victims.
estitution shall be due during the period of imprisonment at the rate of not less than $25 per quarter and pursuant to the Bureau of ate Financial Responsibility Program. If any amount of the restitution remains unpaid after the defendant's release from custody, nthly payments of at least 10% of defendant's gross monthly income, but not less than $50, whichever is greater, shall be paid during supervised release and shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as s that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered.
further ordered that the defendant surrender himself/herself to the institution designated by the Bureau of Prisons on or before 12 2012. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States at:
Roybal Federal Building 255 East Temple Street Los Angeles, California 90012
is exonerated upon self-surrender.
remaining counts are dismissed.
Court recommends to the Bureau of Prisons that the defendant, if eligible, be allowed to participate in a drug treatment program, e designated to a facility in the Southern California area.
ant is informed of his rights on appeal.
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
ay 9, 2012 By
iled Date Paul M. Cruz, 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:
defendant shall not commit another Federal, state or local crime; defendant shall not leave the judicial district without the written
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;
of the court or probation officer; defendant shall report to the probation officer as directed by the probation officer and shall submit a truthful and complete report within the first five days of each month; defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; defendant shall support his or her dependents and meet other
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;
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;
responsibilities; defendant shall work regularly at a lawful occupation unless by the probation officer for schooling, training, or other acceptable reasons; defendant shall notify the probation officer at least 10 days prior
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;
change in residence or employment; defendant shall refrain from excessive use of alcohol and shall not possess, use, distribute, or administer any narcotic or other substance, or any paraphernalia related to such substances, except as prescribed by a physician; defendant shall not frequent places where controlled substances
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.
sold, used, distributed or administered;
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
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.
the within Judgment and Commitment as follows:
elivered on to
noted on appeal 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
ate Deputy Marshal
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
Clerk, U.S. District Court
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.
U. S. Probation Officer/Designated Witness Date
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