STIPULATION AND ORDER REGARDING RESTITUTION

LAWRENCE J. O'NEILL, District Judge.

I.

INTRODUCTION

On January 20, 2015, the defendant was sentenced to a total term of 45 months. See ECF Nos. 35 and 36. The amount of restitution, if any, was not determined at the sentencing hearing, at the request of the parties. Further to that request, the Court extended its jurisdiction over the action for 30 days, agreeing to review any proposed stipulation regarding restitution. The parties to this action, by and through their attorneys of record, submit the following stipulation and proposed order.

II.

STIPULATION

Whereas, the parties agree and stipulate that the restitution amounts, victim identification, and addresses that are identified in the Probation Office's Attachment A to the Presentence Report (ECF No. 32) (hereinafter, "PSR Attachment A") are accurate with regard to three of the four victims identified therein: Bank of America, Wells Fargo Bank, and Robert Quintana. The parties further agree and stipulate that PSR Attachment A, and supporting documentation therewith, establishes by a preponderance of the evidence that these three victims are due restitution in the amount specified.

Whereas, the parties agree and stipulate that Union Bank is a not victim to whom restitution in the amount of $7,053.63 should be directed in this matter, as specified in PSR Attachment A.

Whereas, the parties agree and stipulate that Mary Jarvis, residing at 121 E. Main St., Suite 203, Visalia, California 93291 was a victim of the defendant's conduct to which she was sentenced in this action and to whom a restitution payment of $7,053.63 should be directed, and that it was not Union Bank that lost this amount of money. This is established by a preponderance of the evidence, as exhibited in the attached Claim for Restitution by Ms. Jarvis. See Exhibit 1.

Whereas, the parties do not anticipate any challenge to this stipulation by the Probation Office, but nonetheless acknowledge that the Probation Office should be allowed to submit a brief or notice of support or opposition to this stipulation. The parties further agree and stipulate that they will provide a copy of this stipulation to the Probation Officer assigned to this action.

Whereas, the parties request that the Court, upon receiving a brief or notice of support or opposition to this motion from the Probation Office, enter the accompanying proposed order regarding restitution amounts and recipients.

ORDER:

Based upon the stipulation of the parties, the pleadings filed by the Probation Office in this action, and a preponderance of the evidence, it is hereby ORDERED that restitution be paid by the defendant, Rebekah Root, to the victims identified below and in the amounts identified below:

EXHIBIT 1