United States District Court, N.D. California
June 16, 2004.
KEVIN LEE BARTH.
The opinion of the court was delivered by: CHARLES BREYER, District Judge
JUDGMENT IN A CRIMINAL CASE
[x] pleaded guilty to count(s): 1, 2, 3, 4 and 5 of the
 pleaded nolo contendere to count(s) ____ which was accepted
by the court.
 was found guilty on count(s) ____ after a plea of not
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
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
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
 The defendant is remanded to the custody of the United
 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
I have executed this judgment as follows:
Defendant delivered on ___________ to ________________________
at ______________________________, with a certified copy of this
UNITED STATES MARSHAL
Deputy U.S. Marshal
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
 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
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
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
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
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
12) The defendant shall notify the probation officer within
seventy-two (72) hours of being arrested or questioned by a law
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
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
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
 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;
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
 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,
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