Judgment — United States v. Raymond Magana, Central District of California (Document 68)
Summary
The Judgment and Probation/Commitment Order for Raymond Magana, No. 2:21-cr-00007-SB-1, in the U.S. District Court for the Central District of California, filed April 18, 2022 as Document 68. On a guilty plea, the court convicts the defendant of Fraud in Connection with Major Disaster and Emergency Benefits under 18 U.S.C. § 1040 (a)(2), as charged in Count One of the Information. It commits the defendant to the Bureau of Prisons for Forty-One (41) Months, followed by five (5) years of supervised release that bars work in any business involving loan programs without the Probation Officer's approval. The order sets a $100 special assessment and restitution of $360,415.00 to Bank of America, NA under 18 U.S.C. § 3663, waives fines, and orders self-surrender by May 9, 2022. The judgment is dated April 18, 2022 over the name of Hon. Stanley Blumenfeld, Jr.
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“Judgment — United States v. Raymond Magana, Central District of California (Document 68).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-2-21-cr-00007-dkt-68-c-d-cal-5e6921e973/
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Case 2:21-cr-00007-SB Document 68 Filed 04/18/22 Page 1 of 5 Page ID #:356
United States District Court
Central District of California
JS-3
cc: BOP, USM,
Fiscal
UNITED STATES OF AMERICA vs. Docket No. 2:21-cr-00007-SB-1
Defendant Raymond Magana Social Security No. 5 8 8 6
akas: Ramond Michael Magana (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. April 18 2022
COUNSEL William S. Pitman, Retained
(Name of Counsel)
PLEA X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Fraud in
FINDING Connection with Major Disaster and Emergency Benefits in violation of 18 U.S.C. § 1040 (a)(2), (2)(b), as charged in
Count One of the Information.
JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
AND PROB/ contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered
COMM that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby
ORDER committed to the custody of the Bureau of Prisons to be imprisoned for a term of Forty-One (41) Months as to Count
one of the Information.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years under the
following terms and conditions:
1. The defendant shall comply with the rules and regulations of the United States Probation & Pretrial Services Office and
Second Amended General Order 20-04, including the conditions of probation and supervised release set forth in Section
III of Second Amended General Order 20-04.
2. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test
within 15 days of release from custody and at least two periodic drug tests thereafter, not to exceed eight tests per month,
as directed by the Probation Officer.
3. The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes
urinalysis, breath or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using
alcohol and illicit drugs, and from abusing prescription medications during the period of supervision.
4. During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may
place the defendant in a residential drug treatment, with his consent, program approved by the U.S. Probation and Pretrial
Services Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to
determine if the defendant has reverted to the use of drugs. The defendant shall reside in the treatment program until
discharged by the Program Director and Probation Officer.
5. The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged
from the program by the treatment provider, with the approval of the Probation Officer.
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Case 2:21-cr-00007-SB Document 68 Filed 04/18/22 Page 2 of 5 Page ID #:357
USA vs. Raymond Magana Docket No.: 2:21-cr-00007-SB-1
6. As directed by the Probation Officer, the defendant shall pay all or part of the costs of the Court-ordered treatment to the
aftercare contractors during the period of community supervision. The defendant shall provide payment and proof of
payment as directed by the Probation Officer. If the defendant has no ability to pay, no payment shall be required.
7. During the period of community supervision, the defendant shall pay the special assessment and restitution in accordance
with this judgment's orders pertaining to such payment.
8. The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan
programs, telemarketing activities, investment programs or any other business involving the application for real estate,
business, or government loans without the express approval of the Probation Officer prior to engaging in such
employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client
lists, and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed
by the Probation Officer.
9. The defendant shall cooperate in the collection of a DNA sample from the defendant.
10. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any
other financial gains to the Court-ordered financial obligation.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. Any unpaid
balance 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.
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.
It is ordered that the Defendant shall pay restitution in the total amount of $360,415.00 pursuant to 18 U.S.C. § 3663. The amount
of restitution ordered shall be paid as follows:
VICTIM: AMOUNT:
Bank of America, NA $360,415.00
Defendant informed of his right to appeal.
The Defendant is ordered to self-surrender by no later than noon (12PM PST) on May 9, 2022 by reporting to the United States
Marshals Service located at First Street Courthouse located at 355 W. First Street, Los Angeles, CA 90012.
Bond is exonerated upon surrender.
The Court recommends the defendant be placed in a Bureau of Prisons facility located in Southern California.
The Court recommends to the Bureau of Prisons (BOP) that the Defendant be allowed to participate in the BOP Residential Drug
Abuse Program (RDAP) and that the Defendant be allowed to participate in the RDAP program.
The court further recommends the the BOP conduct a mental health evaluation of the Defendant and provide all necessary
treatment following a mental health evaluation. The USPO is permitted to disclose the information in the Pre-Sentence Report to
providers solely for the purposes of the Defendant’s mental health and substance abuse treatment.
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USA vs. Raymond Magana Docket No.: 2:21-cr-00007-SB-1
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.
April 18, 2022
Date Hon. Stanley Blumenfeld, Jr.
U. S. District 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
April 18, 2022 By
Filed Date Jennifer Graciano
Deputy Clerk
The defendant must 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. The defendant must not commit another federal, state, or local crime; 9. The defendant must not knowingly associate with any persons
2. The defendant must report to the probation office in the federal engaged in criminal activity and must not knowingly associate with
judicial district of residence within 72 hours of imposition of a any person convicted of a felony unless granted permission to do so
sentence of probation or release from imprisonment, unless by the probation officer. This condition will not apply to intimate
otherwise directed by the probation officer; family members, unless the court has completed an individualized
3. The defendant must report to the probation office as instructed by the review and has determined that the restriction is necessary for
court or probation officer; protection of the community or rehabilitation;
4. The defendant must not knowingly leave the judicial district without 10. The defendant must refrain from excessive use of alcohol and must
first receiving the permission of the court or probation officer; not purchase, possess, use, distribute, or administer any narcotic or
5. The defendant must answer truthfully the inquiries of the probation other controlled substance, or any paraphernalia related to such
officer, unless legitimately asserting his or her Fifth Amendment substances, except as prescribed by a physician;
right against self-incrimination as to new criminal conduct; 11. The defendant must notify the probation officer within 72 hours of
6. The defendant must reside at a location approved by the probation being arrested or questioned by a law enforcement officer;
officer and must notify the probation officer at least 10 days before 12. For felony cases, the defendant must not possess a firearm,
any anticipated change or within 72 hours of an unanticipated change ammunition, destructive device, or any other dangerous weapon;
in residence or persons living in defendant’s residence; 13. The defendant must not act or enter into any agreement with a law
7. The defendant must permit the probation officer to contact him or her enforcement agency to act as an informant or source without the
at any time at home or elsewhere and must permit confiscation of permission of the court;
any contraband prohibited by law or the terms of supervision and 14. The defendant must follow the instructions of the probation officer
observed in plain view by the probation officer; to implement the orders of the court, afford adequate deterrence from
8. The defendant must work at a lawful occupation unless excused by criminal conduct, protect the public from further crimes of the
the probation officer for schooling, training, or other acceptable defendant; and provide the defendant with needed educational or
reasons and must notify the probation officer at least ten days before vocational training, medical care, or other correctional treatment in
any change in employment or within 72 hours of an unanticipated the most effective manner.
change;
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USA vs. Raymond Magana Docket No.: 2:21-cr-00007-SB-1
X The defendant must also comply with the following special conditions (set forth below).
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS
The defendant must 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 under 18 U.S.C. § 3612(f)(1). Payments may be subject
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not applicable
for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check or money
order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number. Payments
must be delivered to:
United States District Court, Central District of California
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012
or such other address as the Court may in future direct.
If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.
The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).
The defendant must notify the Court (through the Probation Office) and 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 under 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 will be applied in the following order:
1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.
CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS
As directed by the Probation Officer, the defendant must provide to theProbation 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 must not apply for any loan
or open any line of credit without prior approval of the Probation Officer.
When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.
The defendant must 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.
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USA vs. Raymond Magana Docket No.: 2:21-cr-00007-SB-1
RETURN
I have executed the within Judgment and Commitment as follows:
Defendant delivered on to
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
United States Marshal
By
Date 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.
Clerk, U.S. District Court
By
Filed Date Deputy Clerk
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 Date
U. S. Probation Officer/Designated Witness Date
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