The opinion of the court was delivered by: Dolly M. Gee, United States District Judge
Social Security No. 5 3 6 9
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. AUG 22 2012
Christopher Dybwad, Deputy Federal Public Defender
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 GUILTY, defendant has been convicted as charged of the offense(s) of: Theft by Government Employee and Wire Fraud in violation of Title 18 U.S.C. §§ 654, 1343 as charged in Counts 1 and Count 5 of the First Superseding Indictment.
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, GEZAL REBBECCA DURAN,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 on Counts 1 and 5 of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of: six (6) months on each count, all such terms to run concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately. Any 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 Prison's Inmate Financial Responsibility Program.
It is ordered that the defendant shall pay restitution in the total amount of $31,829.03 pursuant to 18 U.S.C. § 3663A. 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 the restitution remains unpaid after release from custody, nominal monthly payments of at least 10 percent of the defendant's gross income or at least $200, whichever is greater, shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the Court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered.
The amount of restitution ordered shall be paid to the victims identified in the list attached to the Judgment. The victims' recovery is limited to the amount of his or her loss and the defendant's liability for restitution ceases if and when the victim receives full restitution. 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 amount of restitution ordered shall be paid as reflected in the Probation Officer's recommendation letter and in the Amount $2,664.66 $300.00 $640.00 $1,240.34 $845.00 $1,687.00 $493.50 $449.32 $620.00 $845.00 $1,504.00 $2,500.00 $630.00 $1,500.00 $845.00 $1,000.00 $1,000.00 $4,113.21 $6,000.00 $2,952.00 Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §
The defendant shall comply with General Order No. 01-05.
Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant does not have the ability to pay any fine in addition to restitution.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of THREE years on each of Counts 1 and 5, 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, General Order 05-02, and General Order 01-05;
The defendant shall not commit any violation of federal, state or local law or ordinance;
As directed by the Probation Officer, the defendant 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 Officer;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's mental health counseling to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation
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 shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments, and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;
When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;
The defendant shall not be employed in any capacity wherein she has custody, control or management of her employer's funds;
The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving the solicitation of funds from customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as ...