Free Judgment Returned Executed - District Court of Arizona - Arizona

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UNITED STA TES DISTRICT COURT EL , I Q ,. jr — we .·—r;»_ mir
DISTRICT OF ARIZONA cLE{;,§i,Q,{;. _ _1 g ‘ ¤ _ _ I
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United States of America """""”"
JUDGMENT IN A CRIMINAL CASE
v_ (For Offenses Committed on orAfl¤sr November 1, 1987)
Nghia Bao Nguyen N0. CR U4-00559-DUT-PHX-EHC
Gabriel Valdez (Retained)
Attorney for Defendant
USMII: 82196-008 lCE#1 A73 299 160
I THE DEFENDANT ENTERED A PLEA OF guilty on 10/01/04 to Count I of the Indictment.
ACCORDING LY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE
FOLLOWING OFFENSE: violating Title 18, USC §1029(a)(5), Access Device Fraud-Use of a
Device Issued to Another, a Class C Felony offense, as charged in Count I ofthe Indictment.
IT IS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the custody
of the Bureau of Prisons for a term of TWENTY FOUR (24) MONTHS on Count l. Upon release
- from imprisonment, the defendant shall be placed on supervised release for a term of THIRTY SIX
(36) MONTHS on Count I. The Court recommends that the defendant be placed in a facility in
southwestern part of the United States where there are educational and vocational programs
available.
IT IS FURTHER ORDERED that all remaining counts are dismissed on motion of the United States.
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $100.00 FINE: $ RESTITUTION: $94,769.16
The Court finds the defendant does not have the ability to pay a line and orders the fine waived.
If incarcerated, payment of criminal monetary penalties are due during imprisonment at a rate of not less than $25 per quarter
and payment shall be made through the Bureau ol Prisons' Inmate Financial Responsibility Program. Criminal monetary
payments shall be made to the Clerk of U.S. District Court, Attention: Finance, Suite 1 30, 401 West Washington Street, SPC
1, Phoenix, Arizona 85003-2110 Payments should be credited to the various monetary penalties imposed by the Court in
the priority established under 18 U.S.C. § 3612(c). The total special assessment of $1 00.00 shall be paid pursuant to Title
18, United States Code, Section 3013 for Count I of the Indictment.
Any unpaid balance shall become a condition of supenrision and shall be paid within 90 days prior to the expiration of
supervision. Until all rstitutions, lines, special assessments and costs are fully paid, the defendant shall immediately notify
the Clerk, U.S. District Court, of any change in name and address. The Court hereby waives the imposition of interest and
penalties on any unpaid balances.
Restitution shall be paid to the following victims in the following amounts: ‘
Ultimate Electronics $80,000. U.S. Bank Restitution $14,769.16. Payments with respect to
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restitution shall commence 90 days after you're released from custody, and be made _at the rate of
monthly payments of at least $200. And further that while you're incarcerated, restitution is due
during imprisonment at a rate of not less than $25 a quarter. And payments shall be made through
the Bureau of Prisons Inmate Financial Responsibility Program. The Court waives imposition of
interest and penalties on any unpaid balances.
SUPERVISED RELEASE
Upon release from iroprisonment, the defendant is placed on supervised release for a term of
THIRTY SIX (36) MO THS on Count l.
The defendant shalt report to the probation office in the district to which the defendant is released
within 72 hours of release from the custody of the Bureau of Prisons.
For offenses committed on or after September 13F 19%: The defendant shall refrain from any
unlawfu useo acontrolled substance. ursuantto 8 S §3563(a)(5)and 3583(d) the defendant
shall submit to one drug test within 15 days of release from imprrsonment and such other penodic
drug tests thereafter, as directed from time to time by the probation officer.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921.
It is the order of the Court that, pursuant to General Order 05-38, which incorporates the
requirements of USSG §§5B1.3 and SD1.2, you shall comply with the following condi ions:
1) You shall not commit another federal, state, or local crime during the term of supervision.
2 You shall not leave the judicial district or other specified geographic area wrthout the
permission of the Court or probation officer; _
3) ou shall report to the Probation Office as directed bylthe Court or probation officer, and shall
submit a tru hful and complete written report within t _e first Eve dacys of each month. _
4) You shall answer truthfully all inquiries by the probation officer an follow the instructions of
the probation officer. _ _ __ _
5 You shall support your dependents and meet other family responsibilities.
6 You shall work regularly at a lawful occupation unless excused by the probation ofHcer for
schooling, training', or o her acceptable reasons. _ _
7) You Isha notifyt e probation o icer at least ten days prior to any change of residence or
emp oymen .
8) You shall refrain from excessive use of alcohol and are subject to being prohibited from the use
of alcohol if ordered by the Court in a special condition o supervision. _
9) You shall not purchase, possess, use istribute or administer any narcotic or other controlted
substance as defined in section 102 ofthe Controlled Substances Act $21 U.S.C. § 801) or any
paraphernalia related to such substances, without a prescription y a licensed medical
pre itloner. Possession of controlled substances will result in mandatory revocation of your
erm of supervision. _ _
10) You shail not frequent places where controlled substances are illegally sold, used, distributed
or administered, or other places specined by the Court, _ _ _
11) You shall not associate with any [persons engaged in criminal aotivity, and shall not associate
wffth any person convicted of a elony unless granted permission to do so by the probation
o icer.
12) You shall permit a probation officer to visit at any time at home or elsewhere and shall permit
confiscation of any contraband observed in plain view by the probation officer.
13) You shall imrnedlategr notip; the probation officer (within forty-eight (48) hours if during a
weekend or on a holi ay) o being arrested or questioned by a law enforcement officer.
14) You shall not enter into any agreementto act as an Informer or a special agent of a law
enforcement agency withou the §_El'lTIlSSl0l'l of the Court.
15) As directed by the probation o acer, you shall notify third parties of risks that may be
!·
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USA vs. Nghia Bao Nguyen
occasioned b your criminal record orpersonal history or characteristics, and shall permit the
probation offircer to make such notification and to confirm your complrance with such
notification requirement. _
16) If you have ever been convicted of a felony, you shall refrain from possessing a firearm,
ammunition, destructive device, or other dangerous weapon._ lffyou have ever been convicted
of a misdemeanor involving domestic violence, you shall refrain rom possession of any tireami
or ammunition. Possession of a Hrearm will result in mandatory revocation of your term of
supervision. This prohibition does not apply to misdemeanor cases that did not en arl domestic
violence, unless a special condition is rmoosed bythe Court. _ _
17) Unless suspended bythe Court, you sha submit to one substance abuse test within the first
15 days of supervision and thereafter at least two, but no more than two periodic substance
abuse tests per year of supervision, pursuant to 18 U.S.C. I§§ 3563(a)(5) and 3583(d);
18) lf supervision fol ows a term of impnsonment, you shall repo in person to the Probation Office
in the district to which you are re eased within seventy—two (72) hours of release.
19) You shall pay any monetary penalties as ordered by he Court. You _wrll notify the probation
officer of any material change rn your economic circumstances that might affect your ability to
pay restitution, fines, or special assessments. _ __ _ _
20) f you have ever been convicted of any qualifgrng federal or military; offense (including any
federal felony,) listed under 42 U.S.C._ § 141 5a(1d)( 1) or 10 U.S. . § 1565(d), lou sha I
coolperate in e collection of DNA as directed byt e probation officer pursuan to 2 U.S.C.
§ 1 135a(a)(2).
The following special conditions are in addition to the conditions of supervised release or supersede
any related standard condition;
1. If deported, you shall not re-enter the United States without legal authorization.
2. While you‘re inthe United States, _you shall submit your person, propertyjincluding but not
limited to computer, eIectronic_devices, and storage media), residence, 0 ice, or ve iole to a
search conducted by a probation officer, at a reasonable time and in a reasonable manner.
3. You shall provide the probation officer access to any requested financial information.
4. You are prohibited from making major purchases, incurring new financial obzgations, or
entering rnto any financial contracts without the prior approva ofthe probation o rcer.
5. That you are restricted from engaging in the following occupation, business or rofession: Any
employment that allows you access to customers credit cards or check number information.
6. You shall cooperate in the collection of DNA as directed by the probation officer.
THE COURT FINDS that you have been sentenced in accordance with the terms of the plea
agreement and that you have waived your right to appeal and to collaterally attack this matter. The
waiver has been knowingly and voluntarily made with a factual basis and with an understanding of
the consequences of the waiver.
The Court may change the conditions of probation or supervised release or extend the term of
supervision, if less than the authorized maximum, at any time during the period of probation or
supervised release. The Court may issue a warrant and revoke the original or any subsequent
sentence for a violation occurring during the period of probation or supervised release.
lT IS FURTHER ORDERED that the Clerk ofthe Court deliver two certified copies of thisjudgment
tothe United States Marshal of this district.
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USA vs. Nghia Bao Nguyen
The defendant shall self-surrender for service of sentence at the institution designated by the
Bureau of Prisons or United States Marshal by 12 p.m. on 4/17/06.
Date of imposition of Sentence: Tuesday, Marin 14, 2006
`
DATED this 14"‘ day of March 2006.
Earl H. Carroll
United States District Judge
RETURN
1 have executed this Judgment as f¤lIows:
Defendant delivered on to rvw/0 at [ 2 .the
institution designated by e Bureau of Prisons, with a certified py of t ’ ment in a `minai ca e. K7],
By; 6
United States Marshal
CC: USA/CNSL(GabrieI Valdez)/PROB(2)/PTSIFINIJUDGE/USM(2 certified)/IGE (1
certified)/Order Book
CR D4-00559-0¤1·Pf·lX-EHC - Nguyen 3/14/06 2:58pm
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