Opinion
Cr.: 2:08CR515-2 PACTS Number: 52327
11-19-2012
USA v. Jose Ferrandez
Request for Modifying the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Waiver of Hearing is Attached)
Name of Sentencing Judicial Officer: Susan D. Wigenton, United States District Judge Date of Original Sentence: 01/13/09 Original Offense: Conspiracy to Commit Bank Fraud Original Sentence: Thirty-three (33) months imprisonment and three (3) years supervised release Type of Supervision: Supervised Release Date Supervision Commenced: 06/16/11
PETITIONING THE COURT
[ ] To extend the term of supervision for Years, for a total term of Years. [X] To modify the conditions of supervision as follows. The addition of the following special condition(s):
The offender was ordered to pay restitution in the amount of $2,094,633.27 to COSCO Container Lines Americas, Inc., 100 Lightning Way, Secaucus, New Jersey 07094. Restitution payments were ordered to be made at a rate of $350 per month. It is recommended the payment plan be modified, reducing the monthly installment from $350 to no less than $50, to commence immediately.
CAUSE
The offender was released from custody on June 16, 2011, and has been making monthly restitution payments, but not equal to the ordered amount of $350 per month. Since his release in June 2011, he has made a total of fourteen (14) payments, totaling $ 1,015.00. Based on the court order, the offender should have paid $5,250.00. The probation office has been monitoring the offender's ability to pay restitution through financial investigations. If the offender's financial standing improves the Court will be notified and a larger monthly payment will be requested.
Respectfully submitted,
By: Patrick Hattersley
U.S. Probation Officer
THE COURT ORDERS: [x]The Modification of Conditions as Noted Above
[ ] The Extension of Supervision as Noted Above
[ ] No Action
[ ] Other
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Signature of Judicial Officer