Opinion
No.: CR 10-0611 WHA
10-04-2011
UNITED STATES OF AMERICA, Plaintiff, v. ALEXANDRE PINHEIRO, FAHIM CIIOUDHARY, and MAURICIO MIDENCE, Defendants.
MELIND A HAAG United States Attorney KYLE F. WALDINGER Assistant Unites States Attorney JEFFR Y GLENN Attorney for defendant JAMES T. REILLY Attorney for defendant Fahim Choudhary STUART HANLON Attorney for defendant Mauricio Midence
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
KYLE F. WAEDINGER (ILBN 6238304)
Assistant United States Attorney
Attorneys for Plaintiff
STIPULATION AND [PROPOSED]
ORDER RE: RESTITUTION
The parties hereby submit the following stipulation regarding the issue of amending the judgment as to each of the defendants with regard to the issue of restitution:
1. On July 13, 2011, this Court imposed sentence with respect to the defendants Pinheiro, Choudhary, and Midence. At the July 13, 2011, sentencing hearing, the Court left open the issue of restitution, because the parties and the Probation Office had not yet determined the amount of loss, if any, that the mortgage holder PNC Bank will suffer with respect to the mortgage loan pertaining to the property at issue in this case. See, e.g., USA's Sent. Mem. re: Pinheiro (docket no. 61), at 8 (noting that "the exact amount of the loss has not been determined"). Accordingly, the Court deferred the determination of appropriate amount of restitution, and scheduled a hearing to make such a determination for October 4, 2011.
2. Since the time of the July 13, 2011, sentencing hearing, counsel for the United States has communicated with the designated representative of PNC Bank, who has advised that PNC Bank's losses pertaining to the mortgage fraud scheme at issue in this case, if any, have not yet been realized. Materials documenting counsel's communications with the PNC Bank representative have been provided to defense counsel. In addition, given that the mortgage loan at issue in this case was insured by the FHA, it is possible that PNC Bank will be reimbursed for any losses that it suffers.
3. Given the length of time that has already elapsed since the sentencing hearing, given that PNC Bank has not yet sold the property at issue, and given that it is not clear what, if any, PNC Bank's actual losses will be, the parties now stipulate and agree that determining issues of restitution in this case involves complex issues of fact related to the cause or amount of the victim's losses that would complicate or prolong the sentencing process to a degree that the need :o provide restitution to any victim is outweighed by the burden on the sentencing process. See 18 U.S.C. § 3663A(c)(3)(B). The parties jointly request that the Court also make such a finding.
4. Finally, the parties stipulate and agree that, upon this Court's entry of the Order proposed below, the restitution hearing currently set for October 4, 2011. should be vacated.
SO STIPULATED.
MELIND A HAAG
United States Attorney
KYLE F. WALDINGER
Assistant Unites States Attorney
JEFFR Y GLENN
Attorney for defendant Alexandre Pinheiro
JAMES T. REILLY
Attorney for defendant Fahim Choudhary
STUART HANLON
Attorney for defendant Mauricio Midence
[PROPOSED] ORDER
Based on the stipulation and agreement of the parties, and the facts set forth therein and i: the record in this case, the Court hereby finds that determining issues of restitution in this case involves complex issues of fact related to the cause or amount of the victim's losses that would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process. See 18 U.S.C. § 3663A(c)(3)(B). Accordingly, the Court finds that no restitution judgment should be entered in this case. The hearing currently set for October 4, 2011, at 2:00 p.m. is hereby vacated.
WILLIAM H. ALSUP
United States District Judge
proposed below, the restitution hearing currently set for October 4, 2011. should be vacated.
SO STIPULATED.
MELIND A HAAG
United States Attorney
KYLE F. WALDINGER
Assistant Unites States Attorney
JEFFR Y GLENN
Attorney for defendant Alexandre Pinheiro
JAMES T. REILLY
Attorney for defendant Fahim Choudhary
STUART HANLON
Attorney for defendant Mauricio Midence
[PROPOSED] ORDER
Based on the stipulation and agreement of the parties, and the facts set forth therein and i: the record in this case, the Court hereby finds that determining issues of restitution in this case involves complex issues of fact related to the cause or amount of the victim's losses that would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process. See 18 U.S.C. § 3663A(c)(3)(B). Accordingly, the Court finds that no restitution judgment should be entered in this case. The hearing currently set for October 4, 2011, at 2:00 p.m. is hereby vacated.
WILLIAM H. ALSUP
United States District Judge
proposed below, the restitution hearing currently set for October 4, 2011. should be vacated.
SO STIPULATED.
MELIND A HAAG
United States Attorney
KYLE F. WALDINGER
Assistant Unites States Attorney
JEFFR Y GLENN
Attorney for defendant Alexandre Pinheiro
JAMES T. REILLY
Attorney for defendant Fahim Choudhary
STUART HANLON
Attorney for defendant Mauricio Midence
[PROPOSED] ORDER
Based on the stipulation and agreement of the parties, and the facts set forth therein and i: the record in this case, the Court hereby finds that determining issues of restitution in this case involves complex issues of fact related to the cause or amount of the victim's losses that would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process. See 18 U.S.C. § 3663A(c)(3)(B). Accordingly, the Court finds that no restitution judgment should be entered in this case. The hearing currently set for October 4, 2011, at 2:00 p.m. is hereby vacated.
WILLIAM H. ALSUP
United States District Judge