The opinion of the court was delivered by: Ellen N. Matheson
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. APR. 13 2009
X WITH COUNSEL Dean W. Hall, Rtnd.
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 GUILTY, defendant has been convicted as charged of the offense(s) of: Wire Fraud in violation of 18 USC § 1343 as charged in Count 1 of the 4-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:
IT IS ORDERED that the defendant shall pay to the United States a special assessment of $100 which is due immediately.
IT IS FURTHER ORDERED that defendant shall pay restitution in the total amount of $179,692 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 payments shall begin 30 days after the commencement of probation, and shall be in the sum of at least $1,000 per month. Restitution shall be due during any future 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 the restitution remains unpaid after release from any future custody, nominal monthly payments of at least $1,000 shall be made during the period of supervision.
IT IS FURTHER ORDERED that the defendant shall be held jointly and severally liable with co-defendant, Frank Cuevas, for the amount of restitution ordered in this judgment.
IT IS FURTHER ORDERED that the defendant shall comply with General Order Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, James E. Fish, is hereby sentenced on Count 1 of the 4-Count Indictment for a term of five (5) months probation under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Orders 318, 01-05 and 05-02;
During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment;
The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;
The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct or the affairs of any business associated with mortgage loans or real estate without the prior written approval of the Probation Officer. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer;
The defendant shall notify the Department of Real Estate of the instant conviction within 60 days of imposition of the sentence, and show proof thereof to the assigned probation officer; and
The defendant shall cooperate in the collection of a DNA sample from his person.
IT IS FURTHER ORDERED that 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 FURTHER ORDERED that pursuant to Section 5E1.2(e) of the Guidelines, all fines are waived as it is found that the ...