ENCING PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 35
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 02 2009
W WITH COUNSEL Kay Otani, DFPD, Appointed
W 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 W GUILTY, defendant has been convicted as charged of the offense(s) of: 18 USC 2113 (a)(d): Armed Robbery (Counts 1,2,3, and 5); 18 USC 2113(a)(d), (a): Armed Robbery, Aiding and Abetting (Count 6).
The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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:
The defendant shall pay to the United States a special assessment of $500, which is due immediately.
Pursuant to 18 USC 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 USC 3612(g).
It is ordered that the defendant shall pay restitution in the total amount of $210,766 pursuant to 18 USC3663A.
The amount of restitution ordered shall be paid as follows: AS SET FORTH IN THE ORIGINAL JUDGMENT AND PROBATION/COMMITMENT ORDER, DATED MAY 5, 2005.
The defendant shall comply with General Order No. 01-05.
Pursuant to the Sentencing Reform Act of 1984, and the Court having treated the guideline sentencing range, as a result of and Fanfan, as advisory, and having applied all the relevant factors of 18 U.S.C. § 3553(a), it is the judgment of the Court that the defendant, Germaine Roshan Wheeler, is hereby committed on Counts 1, 2, 3, 5, and 6 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 78 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1,2, 3, 5 and 6 all such terms to run concurrently.
The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
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 not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name, without the prior written approval of the Probation Office; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name;
The defendant shall cooperate in the collection of a DNA sample from the defendant; and
When not employed at least part-time and/or enrolled in an educational or vocational program, the defendant shall perform 20 hours of community service per ...