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Case 2:24-cr-00276-ODW Document 40 Filed 04/14/25 Page 1 of 6 Page ID #:199
`
`United States District Court
`Central District of California
`
`UNITED STATES OF AMERICA vs.
`
`Docket No.
`
`CR 24-00276-ODW
`
`Defendant
`akas:
`
`Gabriel Dragomir
`
`Social Security No. N
`(Last 4 digits)
`
`O
`
`N
`
`E
`
`JUDGMENT AND PROBATION/COMMITMENT ORDER
`
`In the presence of the attorney for the government, the defendant appeared in person on this date.
`
`MONTH DAY
`April
`14,
`
`YEAR
`2025
`
`COUNSEL
`
`PLEA
`
`FINDING
`
`JUDGMENT
`AND PROB/
`COMM
`ORDER
`
`Roman Horace Escueta, retained
`(Name of Counsel)
` X GUILTY, and the court being satisfied that there is a factual basis for the plea.
`
`
`
`NOT
`GUILTY
`
`NOLO
`CONTENDERE
` There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
`Count 1: 18:1344(2): BANK FRAUD; Count 4: 18:1028A(a)(1): AGGRAVATED IDENTITY THEFT
`The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
`contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:
`Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the
`custody of the Bureau of Prisons to be imprisoned for a term of:
`51 months. This term consists of 27 months on Count 1 of the Indictment, and 24 months
`on Count 4, to be served consecutively.
`
` It is ordered that the defendant shall pay to the United States a special assessment of $200, 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 $136,286 pursuant to 18 U.S.C. §
`3663A.
`
`The amount of restitution ordered shall be paid as follows:
`Victim Amount
`Wells Fargo Bank $136,286
`
`The Court finds from a consideration of the record that the defendant's economic circumstances allow for
`restitution payments pursuant to the following schedule: 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,
`monthly installments of at least $250 per month or 10% of monthly income, whichever is greater shall be
`made during the period of supervised release. These payments shall begin 90 days after the commencement of
`supervision.
`
`CR-104 (wpd 12/20)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 1
`
`

`

`Case 2:24-cr-00276-ODW Document 40 Filed 04/14/25 Page 2 of 6 Page ID #:200
`
`USA vs. Gabriel Dragomir
`
`Docket No.:
`
`CR 24-00276-ODW
`
`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 an
`inability to pay any fine.
`
`Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 4 years.
`This term consists of 3 years on Count 1 and 1 year on Count 4 of the Indictment, all such terms to run
`consecutively 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 not commit any violation of local, state, or federal law or ordinance.
`
`3. The defendant shall cooperate in the collection of a DNA sample from himself.
`
`4. 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.
`
`5. The defendant shall comply with the immigration rules and regulations of the United States, and if deported
`from this country, either voluntarily or involuntarily, not reenter the United States illegally. The defendant is
`not required to report to the Probation & Pretrial Services Office while residing outside of the United States;
`however, within 72 hours of release from any custody or any reentry to the United States during the period of
`Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office
`located at: the 300 N. Los Angeles Street, Suite 1300, Los Angeles, CA 90012-3323
`
`6. 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.
`
`7. 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.
`
`CR-104 (wpd 12/20)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 2
`
`

`

`Case 2:24-cr-00276-ODW Document 40 Filed 04/14/25 Page 3 of 6 Page ID #:201
`
`USA vs. Gabriel Dragomir
`
`Docket No.:
`
`CR 24-00276-ODW
`
`8. The defendant shall submit the defendant's person, property, 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 his supervision
`and that the areas to be searched contain evidence of this violation.
`
`The drug testing condition mandated by statute is suspended based on the Court's determination that the
`defendant poses a low risk of future substance abuse.
`
`Pursuant to 18 U.S.C. § 3553(a), the Court shall impose a sentence sufficient, but not greater than necessary,
`to comply with the purposes set forth in paragraph (2) of this subsection. The Court, in determining the
`particular sentence to be imposed, shall consider:
`
`1. The nature and circumstances of the offense and the history and characteristics of the defendant;
`2. The need for the sentence imposed -- a. To reflect the seriousness of the offense; to promote respect
`for the law, and to provide just punishment for the offense;
`b. To afford adequate deterrence to future criminal conduct;
`c. To protect the public from further crimes of the defendant; and
`d. To provide the defendant with needed educational or vocational training, medical care, or other
`correctional treatment in the most effective manner.
`
`3. The kinds of sentences available;
`4. The guideline sentencing range;
`5. The need to avoid unwarranted sentence disparities among defendants with similar records who have
`been found guilty of similar conduct; and
`7. The need to provide restitution to any victims of the offense
`
`CR-104 (wpd 12/20)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 3
`
`

`

`Case 2:24-cr-00276-ODW Document 40 Filed 04/14/25 Page 4 of 6 Page ID #:202
`
`USA vs. Gabriel Dragomir
`
`Docket No.:
`
`CR 24-00276-ODW
`
`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 14, 2025
`Date
`
`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 14, 2025
`Filed Date
`
`By
`
`Sheila English /s/
`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.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`The defendant must not commit another federal, state, or local
`crime;
`The defendant must report to the probation office in the federal
`judicial district of residence within 72 hours of imposition of a
`sentence of probation or release from imprisonment, unless
`otherwise directed by the probation officer;
`The defendant must report to the probation office as instructed by
`the court or probation officer;
`The defendant must not knowingly leave the judicial district
`without first receiving the permission of the court or probation
`officer;
`The defendant must answer truthfully the inquiries of the probation
`officer, unless legitimately asserting his or her Fifth Amendment
`right against self-incrimination as to new criminal conduct;
`The defendant must reside at a location approved by the probation
`officer and must notify the probation officer at least 10 days before
`any anticipated change or within 72 hours of an unanticipated
`change in residence or persons living in defendant’s residence;
`The defendant must permit the probation officer to contact him or
`her at any time at home or elsewhere and must permit confiscation
`of any contraband prohibited by law or the terms of supervision and
`observed in plain view by the probation officer;
`The defendant must work at a lawful occupation unless excused by
`the probation officer for schooling, training, or other acceptable
`reasons and must notify the probation officer at least ten days
`before any change in employment or within 72 hours of an
`unanticipated change;
`
`9.
`
`The defendant must not knowingly associate with any persons engaged
`in criminal activity and must not knowingly associate with any person
`convicted of a felony unless granted permission to do so by the probation
`officer. This condition will not apply to intimate family members, unless
`the court has completed an individualized review and has determined
`that the restriction is necessary for protection of the community or
`rehabilitation;
`10. The defendant must refrain from excessive use of alcohol and must not
`purchase, possess, use, distribute, or administer any narcotic or other
`controlled substance, or any paraphernalia related to such substances,
`except as prescribed by a physician;
`11. The defendant must notify the probation officer within 72 hours of being
`arrested or questioned by a law enforcement officer;
`12. For felony cases, the defendant must not possess a firearm, ammunition,
`destructive device, or any other dangerous weapon;
`13. The defendant must not act or enter into any agreement with a law
`enforcement agency to act as an informant or source without the
`permission of the court;
`14. The defendant must follow the instructions of the probation officer to
`implement the orders of the court, afford adequate deterrence from
`criminal conduct, protect the public from further crimes of the
`defendant; and provide the defendant with needed educational or
`vocational training, medical care, or other correctional treatment in the
`most effective manner.
`
`CR-104 (wpd 12/20)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 4
`
`

`

`Case 2:24-cr-00276-ODW Document 40 Filed 04/14/25 Page 5 of 6 Page ID #:203
`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 non-federal 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,
`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.
`
`CR-104 (wpd 12/20)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 5
`
`

`

`Case 2:24-cr-00276-ODW Document 40 Filed 04/14/25 Page 6 of 6 Page ID #:204
`USA vs. Gabriel Dragomir
`Docket No.:
`CR 24-00276-ODW
`
`RETURN
`
`I have executed the within Judgment and Commitment as follows:
`Defendant delivered on
`Defendant noted on appeal on
`Defendant released on
`Mandate issued on
`Defendant’s appeal determined on
`Defendant delivered on
`at
`the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
`
`to
`
`to
`
`Date
`
`United States Marshal
`
`By
`
`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.
`
`Filed Date
`
`Clerk, U.S. District Court
`
`By
`
`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
`
`U. S. Probation Officer/Designated Witness
`
`Date
`
`Date
`
`CR-104 (wpd 12/20)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 6
`
`

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