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United States v. Tamasco

January 5, 2009

UNITED STATES OF AMERICA
v.
ANTONIA J. TAMASCO SOCIAL SECURITY NO. 2698 TONI ROCCA DEBERNARDO; ANTONIA JOANNE TOMASCO; ANTONIO JOANNE TAMASCO; TONI TAMASCO; ANTONIA JOANNE DEBERNARDO; ANTONIA JOANNE DEBERNARCO; TONI DIBERNARDO; TONI JOANNE DIBERNARDO (LAST 4 DIGITS)



The opinion of the court was delivered by: Robert H. Whaley, U. S. District Judge, Sitting By Designation

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 12 09 2008

X WITH COUNSEL Greg Johnson, retained

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Mail Fraud in violation of 18 USC 1341 as to Count 1 of the Single-count Information.

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, Antonia Tamasco, is hereby placed on probation on Count One of the Single Count Information for a term of 3 years under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

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;

The defendant shall perform 150 hours of community service over a three year period at a rate of not less than 5 hours per month;

As directed by the Probation Officer, the defendant shall apply monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and The defendant shall cooperate in the collection of a DNA sample from the defendant.

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.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. It is ordered that the defendant shall pay restitution in the total amount of $34,200 pursuant to 18 U.S.C. § 3663A. However, this amount shall be reduced by any amount the defendant has already paid prior to sentencing. The amount of restitution ordered shall be paid as follows:

Amount $34,200 18210 Crane Nest Drive, 4 th Floor Tampa, FL. 33647 A partial payment of at least $100 shall be paid no later than five days after the date of this judgment. The balance of the restitution shall be paid in nominal monthly installments of at least $100 during the term of probation. These payments shall begin 30 days after the commencement of supervision. 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). Nominal payments are ordered as the defendant does not have the ability to pay the full amount of restitution owed during the term of probation.

The defendant shall comply with General Order No. 01-05.

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to ...


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