Opinion
Elizabeth Falk, Assistant Federal Public Defender, Defendant's Attorney.
JUDGMENT IN A CRIMINAL CASE
MAXINE CHESNEY, District Judge.
THE DEFENDANT:
[x] admitted guilt to violation of condition(s) general condition number two (charge 4) of the term of supervision.
[x] was found in violation of condition(s) general conditions (charges 2 and 3) and special condition (charge 5) after denial of guilt.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Date Violation Violation Number Nature of Violation Occurred 2 Committed another Federal, state, 3/3/2003 or local crime 3 Committed another Federal, state, 3/3/2003 or local crime 4 Failure to submit truthful and 12/5/2002 complete written report within the first five days of each month 5 Possession of records, documents, 3/3/2003 identification cards in any other name
The defendant is sentenced as provided in pages 2 through 10 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[x] The defendant has not violated condition(s) Charge One dismissed by the Government and is discharged as to such violation(s) condition.
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.
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 18 months.
Term of imprisonment to run consecutively with the sentence imposed in case number CR-99-0093 MMC.
RETURN
I have executed this judgment as follows:
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of 18 months. Term of supervised release to run concurrently with supervised release term imposed in case number CR-99-0093 MMC.
While on Supervised Release you shall not commit another federal, state or local crime and shall not illegally possess a controlled substance. Revocation of supervised release is mandatory for possession of a controlled substance.
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter.
[] The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check if applicable.)
[x] The defendant shall not possess a firearm, destructive device, or any other dangerous weapon.
Revocation of supervised release in mandatory for refusal to comply with drug testing imposed as a condition of supervision. 18 U.S.C. Sections 3565(b)(3) and 3583 (g)(3)
You shall pay the assessment imposed in accordance with 18 U.S.C. Section 3013, and shall immediately notify the probation officer of any change in your economic circumstances that might affect your ability to pay a special assessment, fine, restitution, or co-payments ordered by the Court.
If the judgment imposed a fine or a restitution obligation, it shall be a condition of supervision that you pay any such fine or restitution that remains unpaid at the commencement of the term of supervision in accordance with any Schedule of Payments set forth in the Criminal Monetary Penalties sheet of the judgment. In any case, the defendant shall cooperate with the probation officer in meeting any financial obligations
STANDARD CONDITIONS OF SUPERVISION
It is the order of the Court that the defendant shall comply with the following standard conditions:
1) The defendant shall not leave the judicial district or other specified geographical area without permission of the Court or the probation officer;
2) The defendant shall report to the probation officer as directed by the Court or the probation officer, and shall submit a truthful and complete written report within the first five days of each month;
3) The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
4) The defendant shall support his or her dependants and meet other family responsibilities, including but not limited to, compliance with the terms of any court order or administrative process pursuant to the laws of a state, the District of Columbia, or any other possession or territory of the United States, requiring payments by the defendant for the support and maintenance of any child or of a child and the parent with whom the child is living;
5) The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons;
6) The defendant shall notify the probation officer at least ten (10) days prior to any change in residence or employment;
7) The defendant shall consume no alcohol if sentenced to the special condition that the defendant is to participate in a drug/alcohol program;
8) The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician;
9) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
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;
11) The defendant shall permit a probation officer to visit the defendant 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 seventy-two (72) hours of being arrested or questioned by a law enforcement officer;
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) The defendant shall notify third parties of risks related to the defendant's criminal record, personal history, or characteristics, and shall permit the probation officer to make such notifications and/or confirm the defendant compliance with this notification requirement
SPECIAL CONDITIONS OF SUPERVISION
1) The defendant shall not possess any false identification and shall provide his or her true identity at all times.
2) The defendant shall submit his/her person, residence, office, vehicle, or any property under his/her control to a search. Such a search shall be conducted by a United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to submit to such a search may be grounds for revocation. The defendant shall warn any residents that the premises may be subject to searches.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments directly following the Monetary Penalties section.
Assessment Fine Restitution Totals: $ $ $ 9, 874.23 (Amount reflects payments previously made)
[] The determination of restitution is deferred until _. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
[x] The defendant shall make restitution (including community restitution) to the following payees in the amounts listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid in full prior to the United States receiving payment.
*Total Amount of Priority Order or Name of Payee Amount of Loss Restitution Ordered Percentage of Payment Toronto Dominion Bank 8, 182.31 Visa Investigations 3500 Steeles Avenue East, Tower 1, Floor 1, Liberty Centre Markham, Ontario L3R2Z1 Attn: Bill Imray, Manager Reference: Victor Duru Affordable Auto 910.64 4199 Mission Street San Francisco, CA 94112 Albera Brother Jeep 985.08 2860 16th Street San Francisco, CA 94103 Sears Roebuck 12.70 455 San Antonio Road Mountain View, CA 94040 Bank of America 8.50 AZ9-505-03-02 1825 East Buckeye Road Phoenix, AZ 85034 Totals: $_ $ 9, 874.23 (amount reflects payments previously made)
[] If applicable, restitution amount ordered pursuant to plea agreement $_
[] The defendant shall pay interest on any fine or restitution of more than $2, 500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 5, Part B may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
[] The court determined that the defendant does not have the ability to pay interest, and it is ordered that:
* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:
Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of 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, unless otherwise directed by the court, the probation officer, or the United States attorney.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[] Joint and Several
Case Number Joint and Several (including Defendant Defendant Name Amount Number)
[] The defendant shall pay the cost of prosecution.
[] The defendant shall pay the following court cost(s).
[] The defendant shall forfeit the defendant's interest in the following property to the United States.