The opinion of the court was delivered by: Alicemarie H. Stotler Date U.S. District Judge
AFTER REMAND BY NINTH CIRCUIT AS TO RESTITUTION ONLY
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. AUG. 31 2007
X WITH COUNSEL Joan Politeo, DFPD
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in violation of 18 USC § 371 as charged in Count 1, and Fraudulent Concealment of Property in Bankruptcy in violation of 18 USC § 152(1) as charged in Count 4 of the 15-Count Indictment.
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:
Twelve (12) months and one (1) day on Counts 1 and 4 of the 15-Count Indictment. This term consists of twelve (12) months and one (1) day on each of Counts 1 and 4 of the Indictment, to be served concurrently.
IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
IT IS FURTHER ORDERED that defendant shall pay restitution in the total *$200,480.00, which shall be reduced by the amount defendants prove, to the satisfaction of the U.S. Probation Officer(s), has been paid to the priority creditor L.D.* The total sum of restitution shall be paid to victims as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office shall remain confidential to protect the privacy interests of the victims.
IT IS FURTHER ORDERED that if the defendant makes a partial payment, that payment shall be applied first toward the restitution due the priority victim; thereafter, each payee shall receive approximately proportional payment.
IT IS FURTHER ORDERED that restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of restitution remains unpaid after release from custody, nominal monthly payments in the amount of $1,875 shall be made during the period of supervised release and 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 immediate payment of the full amount
IT IS FURTHER ORDERED that the defendant shall be held jointly and severally liable with co-participant Mark Steven Manderson for the amount of
IT IS FURTHER ORDERED that 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.
IT IS FURTHER ORDERED that the defendant shall comply with General Order
IT IS FURTHER ORDERED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions. This term consists of three years on each of Counts 1 and 4, all such terms to run concurrently.
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Orders 318 and 01-05;
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;
The defendant shall cooperate in the collection of a DNA sample from her person;
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 ...