Man in mail fraud case gets 120-day weekend imprisonment

Designated Judge Frances Marie Tydingco Gatewood on Wednesday also placed Babauta, 38, under three years of supervised release.

Babauta signed a plea agreement last Nov. 2009, admitting guilt to one count of mail fraud.

The court  ordered Babauta to pay $9,011 as restitution for his victim.

Assistant U.S. Attorney Kirk Schuler prosecuted the case while Babauta was represented by attorney David Banes.

The other charges of one count of conspiracy to commit mail fraud, two counts of fraud and misuse of immigration documents, and one count of conspiracy to commit offenses were dismissed.

Between Aug. 25, 2008 and continuing to Oct. 11, 2008, Babauta defrauded a Chinese national by promising to get the victim’s daughter from Fujian province, China to Saipan in exchange for money, the prosecution said.

Babauta was directed by the court to report to the U.S. Marshals Service for instructions as to serving his four-month weekend detention at the Corrections facility.

In addition, Babauta will not commit another federal, state, or local crime, the court ordered.

He will not unlawfully use or possess a controlled substance.

Babauta will submit to one drug test within 15 days or release from prison and at least two periodic drug tests, not to exceed eight tests per month as directed by the Federal Probation Office for detection of drug and alcohol use.

He will submit himself for collection of DNA sample.

Babauta is prohibited from possessing a firearm or other dangerous weapon or to have such weapon where he resides.

One hundred hours of community service will also be performed by Babauta, and he will write a letter of apology to his victim and his family.

Babauta was directed to pay $100 assessment fee to be paid immediately after sentencing.

All fines were waived since it has been determined that Babauta does not have the ability to pay a fine, the court said.

 

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