The opinion of the court was delivered by: District Judge Manuel L. Real
Residence: N/A Mailing: SAME
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: November 27, 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 Sonja Augustine DFPD XX 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 Title 18 U.S.C. 641, as charged in count 3 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:
PLACED ON PROBATION for a term of 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 05-02, and General Order 01-05, including the three special conditions delineated in General Order 01-05; 2) shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 3) shall truthfully and timely file and pay taxes owed for tax years 2009, 2010, and 2011; and shall truthfully and timely pay taxes during the period of community supervision; further, the defendant shall show proof to the Probation Officer of compliance with this order; 4) 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 legal name without the prior written approval of the Probation Officer; 5) shall cooperate in the collection of a DNA sample from the defendant; 6) shall apply all monies received from tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; 7) shall perform eight hundred (800) hours of community service, as directed by the Probation Officer; 8) shall report in person before the Court ever 120 days, as directed by the Probation Officer.
IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.
IT IS FURTHER ORDERED that defendant shall pay restitution to the Department of Veterans Affairs in the amount of $33,374.00. A partial payment of $6,000.00 shall be paid immediately. The balance of the restitution shall be paid in monthly installments of at least 10% of defendant's gross monthly income, but not less than $1,300.00, whichever is greater, during the term of probation. These payments shall begin 30 days after the date of this judgment.
IT IS FURTHER ORDERED that all fines are waived.
IT IS FURTHER ORDERED that any remaining counts are dismissed as to this defendant.
IT IS FURTHER ORDERED that defendant's bond 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 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. ...