Opinion
Case Number 2:11 cr282-1
11-14-2012
UNITED STATES OF AMERICA v. ALFRED HERNANDEZ Defendant.
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1,1987)
The defendant, ALFRED HERNANDEZ, was represented by David Holman, AFPD.
The defendant pled guilty to count(s) 1 of the Information on 28 April 2011. Accordingly, the court has adjudicated that the defendant is guilty of the following offense(s):
+----------------------------------------------------------------------------+ ¦Title & ¦Nature of Offense ¦Date of ¦Count Number ¦ ¦Section ¦ ¦Offense ¦(s) ¦ +-------------+----------------------------------+-------------+-------------¦ ¦18:1029 ¦Conspiracy to Commit Credit Card ¦12/09 to 3/10¦1 ¦ ¦ ¦Fraud ¦ ¦ ¦ +----------------------------------------------------------------------------+
As pronounced on 14 November 2012, the defendant is sentenced as provided in pages 2 through 5 of this Judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
It is ordered that the defendant shall pay to the United States a special assessment of $100.00, for count(s) 1, which shall be due immediately. Said special assessment shall be made payable to the Clerk, U.S. District Court.
It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this Judgment are fully paid. If ordered to pay restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.
Signed this the 14 day of November, 2013.
______________________
DENNIS M. CAVANAUGK
United States District Judge
PROBATION
The defendant is hereby placed on probation for a term of 2 years.
While on probation, the defendant shall comply with the standard conditions that have been adopted by this court (on the next page).
The defendant shall submit to one drug test within 15 days of commencement of probation and at least two tests thereafter as determined by the probation officer.While on probation, the defendant shall not commit another federal, state, or local crime, shall be prohibited from possessing a firearm or other dangerous device, shall not possess an illegal controlled substance and shall comply with the other standard conditions that have been adopted by this Court. The defendant must submit to one drug test within 15 days of commencement of probation and at least two tests thereafter as determined by the probation officer. In addition, the defendant shall comply with the following special conditions:
If this judgment imposes a fine, special assessment, costs or restitution obligation, it shall be a condition of probation that the defendant pay any such fine, assessment, costs and restitution and shall comply with the following special conditions:
LOCATION MONITORING PROGRAM (4 months) (Payment waived)
You are to participate in the Location Monitoring Program. You shall be confined to your residence for a period of 4 months commencing at the direction of the U.S. Probation Office. You shall be required to be at this residence at all times except for approved absences for gainful employment, community service, religious services, medical care, educational or training programs and at other such times as may be specifically authorized by the U.S. Probation Office. You shall wear a Location Monitoring device and follow all location monitoring procedures. You shall permit the Probation Officer access to the residence at all times and maintain a telephone at the residence without any custom services or portable, cordless equipment. You shall comply with any other specific conditions of home confinement as the Court may require. The U.S. Probation Office may use less restrictive location monitoring technology if the U.S. Probation Office determines that a less restrictive device is available and appropriate.
ALCOHOL/DRUG TESTING AND TREATMENT
You shall refrain from the illegal possession and use of drugs, including prescription medication not prescribed in your name, and the use of alcohol, and shall submit to urinalysis or other forms of testing to ensure compliance. It is further ordered that you shall submit to evaluation and treatment, on an outpatient or inpatient basis, as approved by the U.S. Probation Office. You shall abide by the rules of any program and shall remain in treatment until satisfactorily discharged by the Court. You shall alert all medical professionals of any prior substance abuse history, including any prior history of prescription drug abuse. The Probation Officer shall supervise your compliance with this condition.
MENTAL HEALTH TREATMENT
You shall undergo treatment in a mental health program approved by the United States Probation Office until discharged by the Court. As necessary, said treatment may also encompass treatment for gambling, domestic violence and/or anger management, as approved by the United States Probation Office, until discharged by the Court. The Probation Officer shall supervise your compliance with this condition.
STANDARD CONDITIONS OF PROBATION
While the defendant is on probation pursuant to this Judgment: 1) The defendant shall not commit another federal, state, or local crime during the term of supervision. 2) The defendant shall not illegally possess a controlled substance. 3) If convicted of a felony offense, the defendant shall not possess a firearm or destructive device. 4) The defendant shall not leave the judicial district without the permission of the court or probation officer. 5) The defendant shall report to the probation officer in a manner and frequency directed by the Court or probation officer. 6) The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. 7) The defendant shall support his or her dependents and meet other family responsibilities. 8) The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons. 9) The defendant shall notify the probation officer within seventy-two hours of any change in residence or employment. 10) The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute or administer any narcotic or other controlled substance, or any paraphernalia related to such substances. 11) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered. 12) 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. 13) 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. 14) The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer. 15) 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. 16) 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 confirm the defendant's compliance with such notification requirement. (17) You shall cooperate in the collection of DNA as directed by the Probation Officer.
(This standard condition would apply when the current offense or a prior federal offense is either a felony, any offense under Chapter 109 A of Title 18 (i.e., §§ 2241-2248, any crime of violence [as defined in 18 U.S.C. § 16], any attempt or conspiracy to commit the above, an offense under the Uniform Code of Military Justice for which a sentence of confinement of more than one year may be imposed, or any other offense under the Uniform Code that is comparable to a qualifying federal offense);(18) Upon request, you shall provide the U.S. Probation Office with full disclosure of your financial records, including co-mingled income, expenses, assets and liabilities, to include yearly income tax returns. With the exception of the financial accounts reported and noted within the presentence report, you are prohibited from maintaining and/or opening any additional individual and/or joint checking, savings, or other financial accounts, for either personal or business purposes, without the knowledge and approval of the U.S. Probation Office. You shall cooperate with the Probation Officer in the investigation of your financial dealings and shall provide truthful monthly statements of your income. You shall cooperate in the signing of any necessary authorization to release information forms permitting the U.S. Probation Office access to your financial information and records; (19) As directed by the U.S. Probation Office, you shall participate in and complete any educational, vocational, cognitive or any other enrichment program offered by the U. S. Probation Office or any outside agency or establishment while under supervision; (20) You shall not operate any motor vehicle without a valid driver's license issued by the State of New Jersey, or in the state in which you are supervised. You shall comply with all motor vehicle laws and ordinances and must report all motor vehicle infractions (including any court appearances) within 72 hours to the U.S. Probation Office;
For Official Use Only - - - U.S. Probation Office
Upon a finding of a violation of probation or supervised release, I understand that the Court may (1) revoke supervision or (2) extend the term of supervision and/or modify the conditions of supervision.
These conditions have been read to me. I fully understand the conditions, and have been provided a copy of them.
You shall carry out all rules, in addition to the above, as prescribed by the Chief U.S. Probation Officer, or any of his associate Probation Officers.
(Signed) ______________________
Defendant
______________________
U.S. Probation Officer/Designated Witness
RESTITUTION AND FORFEITURE
RESTITUTION
The defendant shall make restitution in the total amount of $39,246.77. The Court will waive the interest requirement in this case. Payments should be made payable to the U.S. Treasury and mailed to Clerk, U.S.D.C., 402 East State Street, Rm 2020, Trenton, New Jersey 08608, for proportionate distribution to the following victims in the following amounts:
+------------------------------------------------+ ¦Name of Payee (Victim) ¦Amount of Restitution ¦ +------------------------+-----------------------¦ ¦see attached list ¦$39,246.77 ¦ +------------------------------------------------+ The amounts ordered represent the total amounts due to the victims for these losses. The defendant's restitution obligations shall not be affected by any restitution payments made by other defendants in this case, except that no further payments shall be required after the sums of the amounts actually paid by all defendants has fully satisfied these losses. The following defendant(s) in the following case(s) may be subject to restitution orders to the same victims for these same losses:
+----------------------------------+ ¦LUIS COLON ¦Cr. No.:¦2:11cr757-1¦ +-------------+--------+-----------¦ ¦BRUCE HOFFMAN¦Cr. No.:¦2:11cr750-1¦ +----------------------------------+ The restitution is due immediately and shall be paid in monthly installments of no less than $100.00, to commence 30 days after the date of this judgment. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine interest, (7) penalties, and (8) costs, including cost of prosecution and court costs.
+-----------------------------------------------------------------------------+ ¦Victim ¦Restitution¦ ¦ ¦/Loss ¦ +-----------------------------------------------------------------+-----------¦ ¦A.M.D. Do It Yourself Pest Control Ann Marie McCullough PO Box ¦$354.90 ¦ ¦908681 Gainesville, GA 770-397-9880 ¦ ¦ +-----------------------------------------------------------------+-----------¦ ¦Anteater Pest Control Sue Kim 2550 Pleasant Hill Road Suite 205 ¦$2,552.00 ¦ ¦Duluth, GA ¦ ¦ +-----------------------------------------------------------------+-----------¦ ¦Do-It-Yourself Pest Control Store Brittney Gardner 3020 Canton ¦$2,870.69 ¦ ¦Road, Suite 226 Marietta, GA 678-888-0060 ¦ ¦ +-----------------------------------------------------------------+-----------¦ ¦DIY Pest Supplies Mike Cirillo 11535 Wild Cat Lane New Port ¦$5,148.00 ¦ ¦Richey, FL (727) 207-1749 ¦ ¦ +-----------------------------------------------------------------+-----------¦ ¦Cox's Mid-Georgia Pest Control ¦ ¦ ¦ ¦ ¦ ¦Brian Boozer 684 Grayson Parkway Post Office Box 1073 ¦ ¦ ¦ ¦$1,803.00 ¦ ¦Grayson, GA ¦ ¦ ¦ ¦ ¦ ¦770-962-4240 ¦ ¦ +-----------------------------------------------------------------+-----------¦ ¦Pest Control Supplies John Chaney - Vice President Riverside ¦ ¦ ¦Industrial Center 130 NW Business Park Lane Riverside, MO ¦$6,629.79 ¦ ¦816-421-4696 ¦ ¦ +-----------------------------------------------------------------+-----------¦ ¦Peachtree Pest Control Company Kristy Arnold 1394 Indian Trail ¦$3,960.00 ¦ ¦Road ¦ ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦Victim ¦Restitution/¦ ¦ ¦Loss ¦ +----------------------------------------------------------------+------------¦ ¦Buidling 100 Norcross, GA 770-931-9099 ¦ ¦ +----------------------------------------------------------------+------------¦ ¦Professional Pest Control Products Inc. Neal E. Hansen 5825 ¦$5,000.00 ¦ ¦Nancy Avenue Columbus, GA 706-682-2314 ¦ ¦ +----------------------------------------------------------------+------------¦ ¦Sprayer Specialties Inc. Robert Killian 4151 Southeast Capitol ¦$1,432.00 ¦ ¦Circle Grimes, IA 515-986-3259 ¦ ¦ +----------------------------------------------------------------+------------¦ ¦Spraying Equipment Supply LLC Larry Walker -181 Laurence Lane SW¦$7,996.38 ¦ ¦Rochester, WA 360-736-5634 ¦ ¦ +----------------------------------------------------------------+------------¦ ¦Citibank ¦ ¦ ¦ ¦ ¦ ¦Citi Security and Investigative Services NA Investigations Cards¦$1,500.01 ¦ ¦14700 Citicorp Drive Building 2, First floor, MC5205 ¦ ¦ ¦ ¦ ¦ ¦Hagerstown, MD 21742 reference: account ending 8117 ¦ ¦ +----------------------------------------------------------------+------------¦ ¦Total: ¦$39,246.77 ¦ +----------------------------------------------------------------+------------¦ +-----------------------------------------------------------------------------+