The opinion of the court was delivered by: Christina A. Snyder U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 12 9 2002
x GUILTY, and the court being satisfied that there is a factual basis for the plea.
There being a finding/verdict of x GUILTY, defendant has been convicted as charged of the offense(s) of:
Bank Fraud (as charged in Count 1 of 5-Count First Superseding Indictment in CR 01 -00358(A) in Violation of 8 USC1344; and Count 1 of a 10-Count Indictment as charged in CR 01-00359.
The Court asked whether defendant had anything to say 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:
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately. It is ordered that the defendant shall pay restitution in the total amount of $366,791.51 pursuant to 18 USC 3663A. *The defendant and his convicted co-participants, Louise Shaunae Jancu, Jonathan Christopher Slack, and Jennifer Elaine West, will be held jointly and severally liable for the total amount of restitution. The amount of restitution ordered shall be paid as follows:
Amount Washington Mutual Bank $350,091.98 9200 Oakdale Ave. N110102 Chatsworth, CA 91311
ATT: Cesar Terrientes, Fraud Investigator Wells Fargo Bank $16,699.53 3340 Walnut Ave., Bldg. Freemont, CA 94538 ATT: Nadia Bezdenenih, Retail Fraud $366,791.51
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.
Restitution shall be due during the period of imprisonment, as directed by the Court or the United States Attorney, except those payments made through the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of $175 shall be made during the period of supervised release. These payments shall begin 30 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.
The defendant shall comply with General Order No. 01-05.
Pursuant to Section 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Albert Edward Talton, is hereby committed on Count 1 of the First Superseding Indictment for Docket No. 01-00358 and on Count 1 of the Indictment for Docket No. 01-00359 to the custody of the Bureau of Prisons to be imprisoned for a term of SIXTY
. This term consists of 63 months on Count 1 for Docket No. 01-00358(A) and 63 months on Count 1 of Docket No. ...