The opinion of the court was delivered by: S. James Otero U. S. District Judge/Magistrate Judge
Social Security No. 9 9 8 9
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. Jan. 28, 2013
Myra J. Sun (Federal 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:
18 U.S.C. § 2113(c): Receiving Property Stolen from a Bank as charged in Count 2 of the Information
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:
It is ordered that the defendant shall pay to the United States a special assessment of $25, which is due
It is ordered that the defendant shall pay restitution in the total amount of pursuant to 18 U.S.C. §
Defendant shall pay restitution in the total amount of $6,184.38 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 paid in monthly installments of at least 10 percent of defendant's gross monthly income, but not less than $100, whichever is greater, during the term of probation. These payments shall begin 30 days after the date of this judgment.
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 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 Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, David Najera, is hereby placed on probation on Count 2 of the Information for a term of two 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;
The defendant shall not commit any violation of local, state or federal law or ordinance.
During the period of community supervision the defendant shall pay the special assessment;
When the defendant is not attending school, or employed, or otherwise excuse he shall perform 20 hours of community service; The defendant shall not be employed in any capacity wherein he has custody, control or management of his employer's funds without written approval of the probation officer;
The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer; and The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or ...