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States of America v. Stephanie Lyn Ballardo

United States District Court Central District of California


February 21, 2013

STATES OF AMERICA
v.
STEPHANIE LYN BALLARDO

ant

Social Security No. 3 9 9 4

(Last 4 digits)

JUDGM ENT AND PROBATION/COM M ITM ENT ORDER

M ONTH DAY YEAR

e presence of the attorney for the governm ent, the defendant appeared in person 02 13 2013

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:

Consipiracy to Distribute Cocaine Base in the Form of Crack Cocaine and Cocaine, in violation of 21 U.S.C. § 846 as charged in Count One (1) of the Indictment.

The Court asked whether there was any reason why judgm ent 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 judgm ent of the Court that the defendant is hereby com mitted to a term of PROBATION as follows:

It is the judgment of the Court that the defendant is placed on PROBATION on Count One (1) of the term of THREE (3) YEARS as follows:

The defendant shall comply with the rules and regulations of the U.S. Probation office and General Order 05-02;

The defendant shall refrain from any unlawful use of controlled substances and shall submit to one (1) drug test within fifteen (15) days of release and at least two periodic drug tests thereafter, not to exceed eight (8) tests per month as directed by the probation officer;

The defendant shall pay special assessments in accordance with this judgment.

The defendant is placed on HOME DETENTION for a period of eighteen (18) months, but shall be permitted to go to work, attend school and school related matters and events for herself and her family, and attend to medical appointments for herself and her family; and The defendant shall cooperate in the collection of a DNA sample from defendant.

ASSESSMENT: It is ordered that the defendant shall pay to the United States a special of $100, which is due immediately. Any unpaid balance shall be due during the period the rate of not less than $25 per quarter.

FINE: Pursuant to Section 5E1.2 (e) of the Guidelines, all fines are waived as it is found that the defendant to pay a fine.

SENTENCING FACTORS: The sentence is based upon the factors set forth in 18 U.S.C. § 3553, including sentencing range set forth in the guidelines.

Officer shall evaluate the defendant's suitability for psychological counseling and provide the treatment. advised of right to appeal and right to apply for leave to appeal without payment of filing fees.

to dismiss remaining counts against this defendant is granted.

to the special conditions of supervision im posed above, it is hereby ordered that the Standard Conditions of and Supervised Release within this judgm ent be im posed. The Court m ay change the conditions of supervision, extend the period of supervision, and at any time during the supervision period or within the m axim um period by law, m ay issue a warrant and revoke supervision for a violation occurring during the supervision period.

-21-2013

ate United States District Judge

d that the Clerk deliver a copy of this Judgm ent and Probation/Com m itm ent Order to the U.S. Marshal or other fficer.

Clerk, U.S. District Court

s/ Joseph Remigio

-21-2013 By

iled Date Deputy Clerk

dant shall com ply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

W hile the defendant is on probation or supervised release pursuant to this judgment:

defendant shall not commit another Federal, state or local

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

defendant shall not leave the judicial district without the written permission of the court or probation officer; defendant shall report to the probation officer as directed by court or probation officer and shall submit a truthful and written report within the first five days of each month; defendant shall answer truthfully all inquiries by the officer and follow the instructions of the probation

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

defendant shall support his or her dependents and meet other family responsibilities; defendant shall work regularly at a lawful occupation unless by the probation officer for schooling, training, or other

13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement;

reasons; defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; defendant shall refrain from excessive use of alcohol and not purchase, possess, use, distribute, or administer any or other controlled substance, or any paraphernalia to such substances, except as prescribed by a

15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;

16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.

defendant shall not frequent places where controlled are illegally sold, used, distributed or administered;

efendant will also com ply with the following special conditions pursuant to General Order 01-05 (set forth below).

TATUTORY PROVISIONS PERTAINING TO PAYM ENT AND COLLECTION OF FINANCIAL SANCTIONS

e defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the titution is paid in full before the fifteenth (15 ) day after the date of the judgm ent pursuant to 18 U.S.C. §3612(f)(1).

th

m ay be subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining

n , however, are not applicable for offenses com pleted prior to April 24, 1996.

all or any portion of a fine or restitution ordered rem ains unpaid after the term ination of supervision, the defendant shall lance as directed by the United States Attorney's Office. 18 U.S.C. §3613.

e defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's m ailing address e until all fines, restitution, costs, and special assessm ents are paid in full. 18 U.S.C. §3612(b)(1)(F).

e defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any m aterial the defendant's econom ic circumstances that m ight affect the defendant's ability to pay a fine or restitution, as required . §3664(k). The Court m ay also accept such notification from the governm ent or the victim , and m ay, on its own m otion party or the victim , adjust the manner of paym ent of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 72(d)(3) and for probation 18 U.S.C. §3563(a)(7).

ym ents shall be applied in the following order:

1. Special assessm ents pursuant to 18 U.S.C. §3013;

2. Restitution, in this sequence:

Private victim s (individual and corporate), Providers of com pensation to private victim s, The United States as victim; 3. Fine; 4. Com m unity restitution, pursuant to 18 U.S.C. §3663(c); and 5. Other penalties and costs.

SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE

directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing rt inquiries; (2) federal and state incom e tax returns or a signed release authorizing their disclosure and (3) an accurate tatem ent, with supporting docum entation as to all assets, incom e and expenses of the defendant. In addition, the shall not apply for any loan or open any line of credit without prior approval of the Probation Officer.

e defendant shall m aintain one personal checking account. All of defendant's incom e, "m onetary gains," or other proceeds shall be deposited into this account, which shall be used for paym ent of all personal expenses. Records of all accounts, including any business accounts, shall be disclosed to the Probation Officer upon request.

e defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair m arket value in excess of $500 proval of the Probation Officer until all financial obligations im posed by the Court have been satisfied in full.

These conditions are in addition to any other conditions im posed by this judgm ent.

RETURN

cuted the within Judgm ent and Com m itm ent as follows:

delivered on to

noted on appeal on

released on

sued on

t's appeal determ ined on

delivered on to

titution designated by the Bureau of Prisons, with a certified copy of the within Judgm ent and Com m itm ent.

United States Marshal

By

ate Deputy Marshal

CERTIFICATE

ttest and certify this date that the foregoing docum ent is a full, true and correct copy of the original on file in m y office, legal custody.

Clerk, U.S. District Court

By

iled Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

ing of violation of probation or supervised release, I understand that the court m ay (1) revoke supervision, (2) extend supervision, and/or (3) m odify the conditions of supervision.

e conditions have been read to m e. I fully understand the conditions and have been provided a copy of them .

ed)

Defendant Date

U. S. Probation Officer/Designated W itness Date

20130221

© 1992-2013 VersusLaw Inc.



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