Judgment — United States v. Gabriela Llerenas, Central District of California (Document 47)

Summary

The Judgment and Probation/Commitment Order for Gabriela Llerenas, No. 5:21-cr-00187-JWH, in the U.S. District Court for the Central District of California, filed February 7, 2022 as Document 47. On a guilty plea, the court convicts the defendant of Mail Fraud under 18 U.S.C. § 1341 as charged in Count One (1) of the Information and imposes SIXTY-THREE (63) MONTHS, followed by 3 years of supervised release. It orders a $100 special assessment and restitution of $4,298,093 to the Employment Development Department under 18 U.S.C. § 3663A, and waives interest and fines. Supervision conditions bar preparing income tax returns for third parties without the Probation Officer's approval and require residential substance abuse treatment. The order sets self-surrender for April 18, 2022 and is dated February 7, 2022 over the name of U.S. District Judge John W. Holcomb.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Judgment — United States v. Gabriela Llerenas, Central District of California (Document 47).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-5-21-cr-00187-dkt-47-c-d-cal-fb1456b28f/, SHA-256 951f06dee672a5ce619518c7385bce8fdce8be7509e55772b4933942771fb45f.

Full text

Case 5:21-cr-00187-JWH Document 47 Filed 02/07/22 Page 1 of 7 Page ID #:253

United States District Court
Central District of California

UNITED STATES OF AMERICA vs. Docket No. EDCR 21-00187-JWH

Defendant Gabriela Llerenas Social Security No. 3 3 2 4
Maria G. Sandoval; Maria Gabriela Sandoval;
Gabby Sandoval; Gabriella Llerenas; Maria
Gutierrez; Maria Gabriella Gutierrez; Gabby
Gutierrez; Maria G. Gutierrez; Maria Gabrella
Gutierrez; Beatrice Gabriella Gutierrez; Beatrice
Gutierrez; Blanca Gutierrez; Maria Gabriela
Gutierrez; Gabriella Munoz; Gabriela Munoz; (Last 4 digits)
Gabby Munoz; Beatrice Gomez; Marisa Gonzalez
Gomez; Maritza Gonzalez Gomez; Maribel Gomez;
Marissa Gonzalez Gomez; Beatriz Gomez; Susana
Tobar; Juana Cristina Mendoza; Clara Martinez;
Gabriela Gomez; Marisa Gonzalez; Marisa Gomez;
akas: Juana Mendoza

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONT DA YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 04 22

COUNSEL Ronald L. Freeman, Retained
(Name of Counsel)

PLEA √ 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: Mail Fraud, in
FINDING
violation of 18 U.S.C. § 1341, as charged in Count One (1) 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, Gabriela
ORDER Llerenas, is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: SIXTY-THREE
(63) MONTHS on Count One (1) of the Information.

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.

It is ordered that the defendant shall pay restitution in the total amount of $4,298,093 pursuant to 18 U.S.C. § 3663A.

The amount of restitution ordered shall be paid as follows:

Victim Amount

Employment Development Department $4,298,093

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USA vs. Gabriela Llerenas Docket No.: EDCR 21-00187-JWH

Restitution 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 the restitution remains unpaid after release from custody, nominal monthly
payments of at least 10% of defendant’s gross monthly income but not less than $ 100, whichever is greater, shall be made during the period of
supervised release and shall begin 90 days after the commencement of supervision. Nominal restitution payments are ordered as the Court
finds that the defendant’s economic circumstances do not allow for either immediate or future payment of the amount ordered.

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay
interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).

The defendant shall comply with Second Amended General Order No. 20-04.

Pursuant to Guideline § 5E1.2(a), all fines are waived as the Court finds that the defendant has established that she is unable to pay and is not
likely to become able to pay any fine.

The Court recommends that the defendant be considered for participation in the Bureau of Prison’s Residential Drug Abuse Program (RDAP).
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.1

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Gabriela Llerenas, is hereby committed on
Count One (1) of the Indictment to the custody of the Bureau of Prisons for a term of SIXTY-THREE (63) months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 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. 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.

3. The defendant shall cooperate in the collection of a DNA sample from the defendant.

4. 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.

5. 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.

6. The defendant shall reside at, participate in, and successfully complete a residential substance abuse treatment and counseling
program approved by the United States Probation & Pretrial Services Office, that includes testing to determine whether the defendant
has reverted to the use of drugs or alcohol; and the defendant shall observe the rules of that facility.

7. 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.

8. The defendant shall not obtain or possess any driver’s license, Social Security number, birth certificate, passport, or any other form of
identification in any name, other than the defendant’s true legal name, nor shall the defendant use, any name other than the
defendant’s true legal name without the prior written approval of the Probation Officer.

1
The discussion of these programs is not intended to be part of the Court’s decision on whether to sentence the defendant to incarceration or
on the length of the term to be imposed but is merely to provide an indication of possible opportunities for rehabilitation within the prison
system.

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USA vs. Gabriela Llerenas Docket No.: EDCR 21-00187-JWH

9. The defendant shall not engage, as whole or partial owner, consultant, employee, or volunteer for, or otherwise participate, in any
business involving preparation, or advise in the preparation of, any federal or state income tax returns or other financial or account
document for any third parties, other than for herself and her legal spouse, without the express approval of the Probation Officer prior
to engaging in such employment. Further, the defendant shall show proof to the Probation Officer of compliance with this order.

10. The defendant shall not be employed in any position that requires licensing or certification by any local, state, or federal agency
without the prior written approval of the Probation Officer.

11. 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.

12. The defendant shall submit the defendant’s person, property, house, residence, vehicle, papers, computers, cell phones, other
electronic communications or data storage devices or media, email accounts, social media accounts, cloud storage accounts, or other
areas under the defendant’s control, to a search conducted by a United States Probation Officer or law enforcement officer. Failure to
submit to a search may be grounds for revocation. The defendant shall warn any other occupants that the premises may be subject to
searches pursuant to this condition. Any search pursuant to this condition will be conducted at a reasonable time and in a reasonable
manner upon reasonable suspicion that the defendant has violated a condition of her supervision and that the areas to be searched
contain evidence of this violation.

The Court authorizes the Probation & Pretrial Services Office to disclose the Presentence Report to the substance abuse treatment provider to
facilitate the defendant’s treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the
treatment provider is prohibited without the consent of the sentencing judge.

It is further ordered that the defendant surrender herself to the institution designated by the Bureau of Prisons at or before 12:00 noon, on
April 18, 2022. In the absence of such designation, the defendant shall report on or before 12:00 noon, on April 18, 2022, to the United States
Marshal located at the First Street U.S. Courthouse 350 W. First Street, Suite 3001, Los Angeles, CA 90012.

Defendant is reminded that failure to self-surrender will result in the issuance of a bench warrant.

Bond is exonerated upon self-surrender.

The defendant was informed of her right to appeal.

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.

February 7, 2022
Date John W. Holcomb, 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

February 7, 2022 By
Filed Date Irene Vazquez, Deputy Clerk

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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 9. The defendant must not knowingly associate with any persons
crime; engaged in criminal activity and must not knowingly associate with
2. The defendant must report to the probation office in the federal any person convicted of a felony unless granted permission to do so
judicial district of residence within 72 hours of imposition of a by the probation officer. This condition will not apply to intimate
sentence of probation or release from imprisonment, unless family members, unless the court has completed an individualized
otherwise directed by the probation officer; review and has determined that the restriction is necessary for
3. The defendant must report to the probation office as instructed by protection of the community or rehabilitation;
the court or probation officer; 10. The defendant must refrain from excessive use of alcohol and must
4. The defendant must not knowingly leave the judicial district not purchase, possess, use, distribute, or administer any narcotic or
without first receiving the permission of the court or probation other controlled substance, or any paraphernalia related to such
officer; substances, except as prescribed by a physician;
5. The defendant must answer truthfully the inquiries of the probation 11. The defendant must notify the probation officer within 72 hours of
officer, unless legitimately asserting his or her Fifth Amendment being arrested or questioned by a law enforcement officer;
right against self-incrimination as to new criminal conduct; 12. For felony cases, the defendant must not possess a firearm,
6. The defendant must reside at a location approved by the probation ammunition, destructive device, or any other dangerous weapon;
officer and must notify the probation officer at least 10 days before 13. The defendant must not act or enter into any agreement with a law
any anticipated change or within 72 hours of an unanticipated enforcement agency to act as an informant or source without the
change in residence or persons living in defendant’s residence; permission of the court;
7. The defendant must permit the probation officer to contact him or 14. The defendant must follow the instructions of the probation officer
her at any time at home or elsewhere and must permit confiscation to implement the orders of the court, afford adequate deterrence
of any contraband prohibited by law or the terms of supervision and from criminal conduct, protect the public from further crimes of
observed in plain view by the probation officer; the defendant; and provide the defendant with needed educational
8. The defendant must work at a lawful occupation unless excused by or vocational training, medical care, or other correctional treatment
the probation officer for schooling, training, or other acceptable in the most effective manner.
reasons and must notify the probation officer at least ten days
before any change in employment or within 72 hours of an
unanticipated change;

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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 the Probation 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,

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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.

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

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USA vs. Gabriela Llerenas Docket No.: EDCR 21-00187-JWH

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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