The opinion of the court was delivered by: Margaret M. Morrow United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 05/11/2009
X WITH COUNSEL JOSEPH SHEMARIA, RTN
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Count 1: Bank Fraud; 18 U.S.C. §1344. Class B Felony
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:
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 $1,500,000 pursuant to 18 U.S.C. § 3663(a)(3).
Defendant shall pay restitution in the total amount $1,500,000 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.
A partial payment of at least $2,000 shall be paid immediately. 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 the restitution remains unpaid after release from custody, nominal monthly payments of at least $2,000 shall be made during the period of supervised release. These payments 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 either immediate or future payment of the amount ordered.
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).
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.
The defendant shall comply with General Order No. 01-05.
The Court recommends that the Bureau of Prisons (BOP) conduct a mental health evaluation of the defendant and provide all necessary
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jeonpak Love, is hereby committed on Count One of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 30 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years under the following terms and
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 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;
The defendant shall participate in a mental health counseling program as directed by the Probation Officer, until discharged by the treatment provider, with the approval of the Probation Officer. Further, the defendant shall pay the cost of all treatment to the treatment provider and submit proof to the Probation Officer;
The defendant shall participate in an alcohol awareness program as directed by the Probation Officer, until discharged from the program by the service provider with the approval of the Probation ...