The opinion of the court was delivered by: John A. Kronstadt, U. S. District Judge
Social Security No. 5 3 1 2
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this 11 29 2012
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:
Conspiracy to Commit Bank Fraud pursuant to 18 U.S.C. Section 1349 as charged in Count 2 of the Indictment.
The Court and counsel confer. Counsel submit on the papers. Defendant addresses the Court. The Court places findings on the record and proceeds with sentencing. 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, Edward Magdaleno, is hereby committed on count two of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of THREE (3)
Upon release from imprisonment, the Defendant shall be placed on supervised release for a term of five (5) years 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, including the three special conditions set forth in General Order 01-05;
The Defendant shall participate in a home detention program for a period of four (4) months, with the condition that the Defendant shall be allowed to go to and from his place of employment. The program shall include electronic monitoring and the Defendant shall observe all rules of such program, as directed by the Probation Officer;
During the period of community supervision the Defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;
The Defendant shall cooperate in the collection of a DNA sample from the Defendant; and
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.
It is ordered that the Defendant shall pay to the United States a special assessment of $100, 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 Prisons' Inmate Financial Responsibility Program.
Defendant shall pay restitution in the total amount of $148,000 pursuant to 18 U.S.C. § 3663A 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 the restitution remains unpaid after release from custody, nominal monthly payments of at least 10% of Defendant's gross monthly income, but not less than $500, whichever is greater, during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. 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 entire amount ordered other than the schedule
The Defendant shall be held jointly and severally liable with co-participant, Rosa Amelia Fernandez (Docket No. CR-10-00599-JAK), for the amount of restitution ordered in this judgment. The victim's recovery is limited to the amount of its loss and the Defendant's liability for restitution ceases if and when the victim receives full restitution.
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.
All fines are waived as it is found that the Defendant does not have the ability to pay a fine in addition to restitution
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a ...