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U.S. v. BARTH

United States District Court, N.D. California


June 16, 2004.

U.S.
v.
KEVIN LEE BARTH.

The opinion of the court was delivered by: CHARLES BREYER, District Judge

JUDGMENT IN A CRIMINAL CASE

THE DEFENDANT:

  [x] pleaded guilty to count(s): 1, 2, 3, 4 and 5 of the Indictment.

  [] pleaded nolo contendere to count(s) ____ which was accepted by the court.

  [] was found guilty on count(s) ____ after a plea of not guilty.

  ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):

  The defendant is sentenced as provided in pages 2 through 12 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

  [] The defendant has been found not guilty on count(s) ____.

  [] Count(s) ____ (is) (are) dismissed on the motion of the United States.

  IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances. ADDITIONAL COUNTS OF CONVICTION

  Date Offense Count Title & Section Nature of Offense Concluded Number(s)

 18 U.S.C. § 1341 Mail Fraud 1

 18 U.S.C. § 1341 Mail Fraud 2

 18 U.S.C. § 1341 Mail Fraud 3

 18 U.S.C. § 1341 Mail Fraud 4

 

18 U.S.C. § 1341 Mail Fraud 5 IMPRISONMENT
  The defendant is hereby committed to the custody of the Bureau of Prisons for a terms of seven (7) days as to counts 1 through 5, to be served concurrently with credit for time served.

  [] The Court makes the following recommendations to the Bureau of Prisons:

  [] The defendant is remanded to the custody of the United States Marshal.

  [] The defendant shall surrender to the United States Marshal for this district.

  [] at ____ on ____.

  [] as notified by the United States Marshal.

 [] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

[] before ____ on ____.
[] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Officer.
RETURN
I have executed this judgment as follows: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________

  Defendant delivered on ___________ to ________________________ at ______________________________, with a certified copy of this judgment.

 

_______________________ UNITED STATES MARSHAL
By ______________________ Deputy U.S. Marshal SUPERVISED RELEASE
  Upon release from community confinement, the defendant shall be on supervised release for a term of three (3) years as to counts 1 through 5, to be served concurrently.

  While on Supervised Release you shall not commit another federal, state or local crime and shall not illegally possess a controlled substance. Revocation of supervised release is mandatory for possession of a controlled substance.

  You shall refrain from any unlawful use of a controlled substance. You shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter.

  [] The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check if applicable.)

  [x] Youshall not possess a firearm, destructive device, or any other dangerous weapon.

  Revocation of supervised release in mandatory for refusal to comply with drug testing imposed as a condition of supervision. 18 U.S.C. § 3565(b)(3) and 3583(g)(3).

  You shall pay the assessment imposed in accordance with 18 U.S.C. § 3013, and shall immediately notify the probation officer of any change in your economic circumstances that might affect your ability to pay a special assessment, fine, restitution, or co-payments ordered by the Court.

  If the judgment imposed a fine or a restitution obligation, it shall be a condition of supervision that you pay any such fine or restitution that remains unpaid at the commencement of the term of supervision in accordance with any Schedule of Payments set forth in the Criminal Monetary Penalties sheet of the judgment. In any case, the defendant shall cooperate with the probation officer in meeting any financial obligations STANDARD CONDITIONS OF SUPERVISION

  It is the order of the Court that the defendant shall comply with the following standard conditions:

  1) The defendant shall not leave the judicial district or other specified geographical area without permission of the Court or the probation officer;

  2) The defendant shall report to the probation officer as directed by the Court or the probation officer, and shall submit a truthful and complete written report within the first five days of each month;

  3) The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

  4) The defendant shall support his or her dependants and meet other family responsibilities, including but not limited to, compliance with the terms of any court order or administrative process pursuant to the laws of a state, the District of Columbia, or any other possession or territory of the United States, requiring payments by the defendant for the support and maintenance of any child or of a child and the parent with whom the child is living;

  5) The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons;

  6) The defendant shall notify the probation officer at least ten (10) days prior to any change in residence or employment;

  7) The defendant shall consume no alcohol if sentenced to the special condition that the defendant is to participate in a drug/alcohol program;

  8) The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician;

  9) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

  10) The defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

  11) The defendant shall permit a probation officer to visit the defendant at any time at home or elsewhere, and shall permit confiscation of any contraband observed in plain view by the probation officer;

  12) The defendant shall notify the probation officer within seventy-two (72) hours of being arrested or questioned by a law enforcement officer;

  13) The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the Court;

  14) The defendant shall notify third parties of risks related to the defendant's criminal record, personal history, or characteristics, and shall permit the probation officer to make such notifications and/or confirm the defendant compliance with this notification requirement SPECIAL CONDITIONS OF SUPERVISION

  1) The defendant shall pay any restitution, fine and special assessment that is imposed by this judgment, and that remains unpaid at the commencement of the term of supervised release.

  2) The defendant shall participate in a mental health treatment program, as directed by the probation officer. The defendant is to pay part or all costs of this treatment, at an amount not to exceed sixty dollars ($60.00) per session, as deemed appropriate by the probation officer. Payments shall never exceed the total cost of mental health counseling. The actual co-payment schedule shall be determined by the probation officer.

  3) The defendant shall submit his person, residence, office, vehicle, or any property under his/her control to a search. Such a search shall be conducted by a United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to submit to such a search may be grounds for revocation. The defendant shall warn any residents that the premises may be subject to searches.

  4) The defendant shall have no contact with the victims of this offense, unless otherwise directed by the probation officer.

  5) The defendant shall not possess or use a computer; however, he may, with the prior approval of the probation officer, use a computer with employment searches, authorized employment and/or education, or other uses as approved in advanced by the probation officer.

  6) The defendant shall reside in a community corrections center for a period of 12 months and shall observe all rules of that facility, at the direction of the probation officer.

  It is further ordered that the defendant shall pay to the United a special assessment of $500, which shall be due immediately.

  The defendant shall make restitution in the amount of $19,909.00, through the United States District Court for the Northern District of California. Such payments should be distributed to the victims involved in the instant offense. CRIMINAL MONETARY PENALTIES

  The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments directly following the Monetary Penalties section.

  Assessment Fine Restitution

 Totals: $ 500.00 $ -0- $ 19,909.00

  [] The determination of restitution is deferred until ____. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.

  [] The defendant shall make restitution (including community restitution) to the following payees in the amounts listed below.

  If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all non federal victims must be paid in full prior to the United States receiving payment. Name of Payee Total[fn*] Amount of Priority Order or Amount of Loss Restitution Ordered Percentage of Payment

 Peter Arata $630.00 $630.00

 Debra Bader $1,050.00 $1,050.00

 Gregory Coleman $27.00 $27.00

 Aaron Cook $260.00 $260.00

 Matt Dorenfield $250.00 $250.00

 Terry Doroff $139.00 $139.00

 Gary Epping $535.00 $535.00

 John Ferring $660.00 $660.00

 Matthew Fish $258.00 $258.00

 Steven George $34.00 $34.00

 Eddie Head $1,052.00 $1,052.00

 Tom Hollihan $640.00 $640.00

 David Holmquist $269.00 $269.00

 Chris Kanehiro $259.00 $259.00

 Omar Khalid $915.00 $915.00

 Bruno Leone $35.00 $35.00

 Anne MacMichael $900.00 $900.00

 William Marshall $39.00 $39.00

 Boyd Massie $244.00 $244.00

 Brendan Messenheimer $210.00 $210.00

 Lori Modgin $275.00 $275.00

 Justin Nakano $640.00 $640.00

 Jonathan Nocon $349.00 $349.00

 Mitch Norris $128.00 $128.00

 Deann Oi $699.00 $699.00

 Chem Orkut $15.00 $15.00 Brandon Potter $295.00 $295.00

 Tim Powers $340.00 $340.00

 Jerry Price $37.00 $37.00

 David Pugnet, Sr. $259.00 $259.00

 John Quick, III $90.00 $90.00

  Deborah Ramsey $250.00 $250.00

  James Spencer $330.00 $330.00

  Sherry Spencer $360.00 $360.00

  Mark Staudt $600.00 $600.00

  James Su $32.00 $32.00

  Leslie Todaro $344.00 $344.00

  Michael Vargo $29.00 $29.00

  Taylor Watson $15.00 $15.00

  Benny Wong $600.00 $600.00

  Robert Zajac $510.00 $510.00

  Rhonda VanWinkle $1,654.00 $1,654.00

  Ethan Cary $3,519.00 $3,519.00

  Yahoo $133.00 $133.00

   Totals: $19,909.00 $19,909.00

   [] If applicable, restitution amount ordered pursuant to plea agreement $____.

   [] The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 5, Part B may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

   [x] The court determined that the defendant does not have the ability to pay interest, and it is ordered that:

[x] the interest requirement is waived for the [x] fine and/or [x] restitution. [] the interest requirement for the [] fine and/or [] restitution is modified as follows:
SCHEDULE OF PAYMENTS
   Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:

   A [x] Lump sum payment of $500.00 due immediately.

   [] not later than ____, or

   [] in accordance with () C, () D, or () E below; or

   B [] Payment to begin immediately (may be combined with () C, () D, or () E below); or

   C [] Payment in ____ (e.g. equal, weekly, monthly, quarterly) installments of $____ over a period of ____ (e.g., months or year(s)), to commence ____ (e.g., 30 or 60 days) after the date of this judgment; or

   D [x] Payment in monthly (e.g. equal, weekly, monthly, quarterly) installments of $ 100.00 over a period of five (5) years (e.g., months or year(s)), to commence ____ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or

   E [x] Special instructions regarding the payment of criminal monetary penalties: The probation department shall adjust the payment schedule upon release from community confinement based on the defendant's ability to pay.

   Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court, unless otherwise directed by the court, the probation officer, or the United States attorney.

   The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

  

[] Joint and Several Case Number Joint and Several (including Defendant Defendant Name Amount Number)
[] The defendant shall pay the cost of prosecution.
[] The defendant shall pay the following court cost(s):
   [] The defendant shall forfeit the defendant's interest in the following property to the United States:

  [fn*] Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.

20040616

© 1992-2004 VersusLaw Inc.



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