Filed: Jul. 16, 2015
Latest Update: Jul. 16, 2015
Summary: STIPULATION RE RESTITUTION ORDER REDACTED LAWRENCE J. O'NEILL , District Judge . STIPULATION The United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. The defendant will be sentenced by the Court on July 20, 2015, following conviction pursuant to a plea agreement and guilty plea to two counts of wire fraud (18 U.S.C. 1343) in Case No. 14-cr-164, and one count of wire fraud and aiding and abe
Summary: STIPULATION RE RESTITUTION ORDER REDACTED LAWRENCE J. O'NEILL , District Judge . STIPULATION The United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. The defendant will be sentenced by the Court on July 20, 2015, following conviction pursuant to a plea agreement and guilty plea to two counts of wire fraud (18 U.S.C. 1343) in Case No. 14-cr-164, and one count of wire fraud and aiding and abet..
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STIPULATION RE RESTITUTION ORDER
REDACTED
LAWRENCE J. O'NEILL, District Judge.
STIPULATION
The United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. The defendant will be sentenced by the Court on July 20, 2015, following conviction pursuant to a plea agreement and guilty plea to two counts of wire fraud (18 U.S.C. § 1343) in Case No. 14-cr-164, and one count of wire fraud and aiding and abetting (18 U.S.C. §§ 1343 and 2) in Case No. 15-cr-119.
2. The parties have reached this agreement and stipulation as to the restitution amount owed by the defendant in both cases, as set forth below. The parties therefore jointly request that the agreed restitution be incorporated into the judgment following sentencing.
3. The parties agree and stipulate, and request that the Court find the following:
a. The total amount of restitution owed by defendant Heu is set forth in Attachment A to this stipulation. Attachment A describes the total amount of restitution and the apportionment of restitution among defendant Heu's victims in his two cases.
b. The parties' stipulation and the agreed amounts in Attachment A satisfy the requirements of 18 U.S.C. § 3664(d)(5), requiring a determination of victim's losses "not to exceed 90 days after sentencing."
c. Defendant Heu agrees that the judgment and commitment issued regarding his two cases will include the restitution amounts and apportionment agreed to in Attachment A.
d. Restitution as stated in Attachment A shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of restitution remains unpaid after release from custody, the United States Probation Officer assigned to Xue Heu shall set a schedule ordering payments depending on the defendant's monthly income, but not less than $50.00 per month, during the period of supervised release, such payments to begin 120 days after the commencement of supervision. The interest is waived.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.
