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