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United States District Court
Central District of California

UNITED STATES OF AMERICA vs.

Docket No.

CR13-89-CAS ENTER

Defendant

UBALDO GARCIA

Ubaldo Garcia-Zavala; Ulbaldo Garcia; Ubaldo
Zavala Garcia

akas:

Social Security No. 7
(Last 4 digits)

5

9

5

JUDGMENT AND PROBATION/COMMITMENT ORDER

In the presence of the attorney for the government, the defendant appeared in person on this date.

MONTH DAY
29

07

YEAR
2013

X GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO

Ciprian Turcu, Retained

(Name of Counsel)

COUNSEL

PLEA

FINDING

JUDGMENT
AND PROB/

COMM
ORDER

CONTENDERE
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Conspiracy to Commit Mail Fraud in violation of 18 USC 1349, 1341, as charged in Count 1 of the Single-Count Information.
The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed on Count
1 of the Single-Count Information to the custody of the Bureau of Prisons to be imprisoned for a term of: FORTY-ONE (41)
MONTHS

GUILTY



NOT

It is ordered that the defendant shall pay to the United States a special assessment of $100.00, which is
due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of
not less than $25.00 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial
Responsibility Program.
Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has
established that he is unable to pay and is not likely to become able to pay any fine.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of
three (3) years under the following terms and conditions:
1.

The defendant shall comply with the rules and regulations of the U. S. Probation Office and
General Order 05-02;
During the period of community supervision, the defendant shall pay the special assessment in
accordance with this judgment's orders pertaining to such payment;
The defendant shall not obtain or possess any driver's license, Social Security number, birth
certificate, passport or any other form of identification in any name, other than the defendant’s
true legal name; nor shall the defendant use, for any purpose or in any manner, any name other
than his true legal name or names without the prior written approval of the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant shall possess and use only those computers and computer-related devices, screen
user names, passwords, email accounts, and internet service providers (ISPs), which have been
disclosed to the Probation Officer upon commencement of supervision. Any changes or
additions are to be disclosed to the Probation Officer prior to the first use. Computers and
computer-related devices are personal computers, personal data assistants (PDAs), internet

2.

3.

4.
5.

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JUDGMENT & PROBATION/COMMITMENT ORDER

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USA vs. UBALDO GARCIA

Docket No.:

CR13-89-CAS

6.

7.

appliances, electronic games, cellular telephones, and digital storage media, as well as their
peripheral equipment, that can access, or can be modified to access, the internet, electronic
bulletin boards, and other computers;
All computers, computer-related devices, and their peripheral equipment, used by the defendant
shall be subject to search and seizure. This shall not apply to items used at the employment’s
site, which are maintained and monitored by the employer; and
The defendant shall submit to a search, at any time, with or without warrant, and by any law
enforcement or probation officer, of the defendant’s person and any property, house, residence,
vehicle, papers, computer, other electronic communication or data storage devices or media, and
effects upon reasonable suspicion concerning a violation of a condition of supervision or
unlawful conduct by the defendant, or by any probation officer in the lawful discharge of the
officer’s supervision functions. Defendant is informed of his/her right to appeal.

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of
Prisons on or before 12 noon, August 20, 2013. In the absence of such designation, the defendant
shall report on or before the same date and time to the United States Marshal located at the Royal
Federal Building, 255 East Temple Street, Los Angeles, California 90012.
Bond is exonerated upon surrender.
The Court hereby recommends that defendant be designated to a facility in Southern California, or as
close thereto as possible.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of
Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision,
reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period
permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

July 30, 2013
Date

U. S. District Judge/Magistrate Judge

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

July 30, 2013
Filed Date

By

/S/
Deputy Clerk

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USA vs. UBALDO GARCIA

Docket No.:

CR13-89-CAS

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:

1.

2.

3.

4.

5.

6.

7.

8.

9.

The defendant shall not commit another Federal, state or local
crime;
the defendant shall not leave the judicial district without the
written permission of the court or probation officer;
the defendant shall report to the probation officer as directed by
the court or probation officer and shall submit a truthful and
complete written report within the first five days of each
month;
the defendant shall answer truthfully all inquiries by the
probation officer and follow the instructions of the probation
officer;
the defendant shall support his or her dependents and meet
other family responsibilities;
the defendant shall work regularly at a lawful occupation unless
excused by the probation officer for schooling, training, or
other acceptable reasons;
the defendant shall notify the probation officer at least 10 days
prior to any change in residence or employment;
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, except as prescribed by a physician;
the defendant shall not frequent places where controlled
substances are illegally sold, used, distributed or administered;

10.

11.

12.

13.

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;
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;
the defendant shall notify the probation officer within 72 hours
of being arrested or questioned by a law enforcement officer;
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. 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
conform the defendant’s compliance with such notification
requirement;
the defendant shall, upon release from any period of custody,
report to the probation officer within 72 hours;

16. and, for felony cases only: not possess a firearm, destructive

15.

device, or any other dangerous weapon.

The defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).

STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS

The defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments may be subject
to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, however, are not
applicable for offenses completed prior to April 24, 1996.

If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay the

balance as directed by the United States Attorney’s Office. 18 U.S.C. §3613.

The defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or

residence until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

The defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The
Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust
the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and for probation 18 U.S.C.
§3563(a)(7).

Payments shall be applied in the following order:

1. Special assessments pursuant to 18 U.S.C. §3013;
2. Restitution, in this sequence:

Private victims (individual and corporate),
Providers of compensation to private victims,
The United States as victim;

3. Fine;
4. Community restitution, pursuant to 18 U.S.C. §3663(c); and
5. Other penalties and costs.

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USA vs. UBALDO GARCIA

Docket No.:

CR13-89-CAS

SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE

As directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report
inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate financial statement, with
supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not apply for any loan or open
any line of credit without prior approval of the Probation Officer.

The defendant shall maintain one personal checking account. All of defendant’s income, “monetary gains,” or other pecuniary proceeds
shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any
business accounts, shall be disclosed to the Probation Officer upon request.

The defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without

approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

RETURN

I have executed the within Judgment and Commitment as follows:
Defendant delivered on
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on

to

to

at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

Date

United States Marshal

By

Deputy Marshal

CERTIFICATE

I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.

Filed Date

Clerk, U.S. District Court

By

Deputy Clerk

CR-104 (03/11)

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USA vs. UBALDO GARCIA

Docket No.:

CR13-89-CAS

FOR U.S. PROBATION OFFICE USE ONLY

Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
supervision, and/or (3) 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.

(Signed)

Defendant

U. S. Probation Officer/Designated Witness

Date

Date

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