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 Elizabeth Macias, DFPD
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: Armed Bank Robbery in violation of 18 U.S.C. § 2113(a), (d) as charged in Counts 1, 2 and 4 of the First Supplemental Information and Bank Robbery in violation of 18 U.S.C. § 2113(a) as charged in Counts 3 and 5 of the First Supplemental Information.
The Court asked whether there was any reason 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:
The defendant shall pay to the United States a special assessment of $500, which is due immediately.
It is further ordered that the defendant shall pay restitution in the total amount of $25,003 pursuant to 18 U.S.C.
Defendant shall pay restitution in the total amount of $25,003 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 the $1,820 recovered on June 10, 2005 be returned by the FBI and/or the Anaheim Police Department to the Washington Mutual/Chase Bank in Anaheim and that the $12,800 obtained during the search of defendant's premises be provided to the Clerk of the Court to be applied to the total amount of restitution ordered on a pro-rate basis; thereby reducing the total amount of restitution owed by the defendant to
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 $50 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.
If defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified 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. § 3612(g).
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
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Guy William Savage, is hereby committed on Counts 1 - 5 of the First Supplemental Information to the custody of the Bureau of Prisons for a term of 120 months. This term consists of 120 months on each of Counts 1 - 5 of the First Supplemental Information, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This terms consists of 3 years on each of Counts 1-5 of the First Supplemental Information, all such terms to run concurrently under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. 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;
3. The defendant shall cooperate in the collection of a DNA sample from his person;
4. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug tests 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;
5. The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, ...