The opinion of the court was delivered by: David O. Carter, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date.
X WITH COUNSEL C. Thomas McDonald, Appointed
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: Count 5 of the Indictment: 18:1343 and 2(b) Wire Fraud; Causing an Act to Be Done
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.
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 $25,629.82 pursuant to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as follows:
Amount Arbonne International $25,629.82
The defendant shall make nominal monthly payments of at least $75 during the period of probation, which 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.
The defendant shall be held jointly and severally liable with co-defendant Albert Anthony Castro for $14,359.82 of the restitution ordered in this judgment.
The defendant shall also be held jointly and severally liable with co-defendant Kasey Cathleen Noble for $7,036.44 of the restitution ordered in this judgment.
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. §
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 restitution.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Victor Manuel Montano, is hereby placed on probation on Count Five of the Seven-Count Indictment for a term of three years under the following terms and conditions:
The defendant shall submit person and property to search or seizure at any time of the day or night by any law enforcement officer with or without a warrant and ...