The opinion of the court was delivered by: Manuel L. Real District Judge
Residence: Metropolitan Detention Center
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: SEPTEMBER 24, 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 Lisa Shinar, DFPD PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a finding of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in violation of Title 18 U.S.C. 371 as charged in count 1; Wire Fraud in violation of Title 18 U.S.C. as charged in count 2; Failure to File Tax Return in violation of Title 26 U.S.C. 7203 as charged in count 25, 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:
IT IS FURTHER ADJUDGED that upon release from imprisonment
defendant shall be placed on supervised release for five (5) 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 318; 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 an outpatient substance
abuse treatment and counseling program that includes urinalysis,
breath 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 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 and alcohol 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)
shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 7) shall truthfully and timely file
and pay taxes owed for the year of conviction, and shall truthfully and timely file and pay taxes during the period of community supervision; further the
defendant shall show proof to the Probation Officer of compliance with this order; 8) shall not obtain or possess any driver's license, Social Security
number, 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 his true legal name without the prior written approval of the Probation Officer; 9) shall comply with the immigration
rules and regulations of the United States and when deported from this country either voluntarily or involuntarily not re-enter the United States illegally
and although not required to report to the Probation Office while residing outside of the United States, shall, within 72 hours of release from any custody
or any re-entry to the United States during the period of Court-ordered supervision, report for instructions to the U. S. Probation Office located at the
United States Court House, 312 North Spring Street, Room 600, Los Angeles, Ca 90012; 10) 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; 11) shall
cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $225.00, which is due immediately.
IT IS FURTHER ORDERED that defendant pay restitution in the total amount of $1,683,000.00 to the victims as follows: $401,000.00 to Aurora Loan Services, Inc.; $827,000.00 to First Franklin; $455,000.00 to Suntrust Mortgage.
IT IS FURTHER ORDERED that all remaining counts as to this defendant are dismissed.
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 law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...