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United States v. Perez
2:18-cr-00354
C.D. Cal.
Oct 28, 2019
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Background

  • Judgment entered Oct. 28, 2019 by U.S. District Judge Dale S. Fischer imposing sentence and conditions of supervision.
  • Financial sanctions: special assessment of $100 due immediately; all fines waived under U.S.S.G. §5E1.2(a) because the defendant established inability to pay.
  • Defendant ordered to surrender to the BOP-designated institution by 12:00 p.m. on Feb. 3, 2020 (or report to the U.S. Marshal); court recommended designation to a Southern California facility and consideration for First Step Act programs.
  • Sentence was imposed pursuant to the 18 U.S.C. §3553(a) sentencing factors and the guideline range as reflected in the transcript.
  • Standard conditions of probation/supervised release were imposed (e.g., no new crimes, reporting requirements, residence and travel restrictions, employment, no firearms, avoidance of criminal associates).
  • Special financial conditions imposed: provide credit-authorizing release, tax returns, and an accurate financial statement; maintain one personal checking account for income and payments; obtain probation approval before transferring assets > $500 or opening credit; notice obligations for address and material financial changes; rules governing application of payments and interest.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether fines should be imposed or waived Government sought imposition of statutory financial sanctions (special assessment) Defendant asserted inability to pay and requested waiver of fines Special assessment ($100) imposed; all fines waived under U.S.S.G. §5E1.2(a) due to inability to pay
Timing and location of surrender Government sought timely surrender to BOP/Marshal Defendant sought designation/direction re: institution (practical placement) Defendant ordered to surrender by Feb. 3, 2020; court recommended Southern California designation and First Step Act consideration
Imposition of standard conditions of supervision Government requested standard supervised-release conditions be imposed Defendant consenting to conditions but retains right to seek modifications Court imposed standard conditions and retained authority to change, extend, or revoke supervision
Imposition of financial-reporting and asset-restriction conditions Government requested financial disclosure, account maintenance, and transfer restrictions to secure payment Defendant may object on privacy/economic grounds but must comply while obligations remain Court imposed detailed financial conditions: credit releases, tax returns, financial statements, single checking account, prohibitions on transfers >$500 without approval

Key Cases Cited

No reported cases were cited in this judgment.

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Case Details

Case Name: United States v. Perez
Court Name: District Court, C.D. California
Date Published: Oct 28, 2019
Docket Number: 2:18-cr-00354
Court Abbreviation: C.D. Cal.