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United States v. Breedlove

September 15, 2009

UNITED STATES OF AMERICA
v.
JAMES H. BREEDLOVE SOCIAL SECURITY NO. 1404 JAMES KENT HOOPER, JAMES KENT HOPER, DON MARTIN, ROBERT CULP, JIM HOOPER (LAST 4 DIGITS)



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. 09 14 2009

X WITH COUNSEL Ronald N. Richards, Rtd.

(Name of Counsel)

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: Mail Fraud in violation of 18 U.S.C. § 1341 as charged in the Single-Count Information.

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:

The defendant shall pay to the United States a special assessment of $100, which is due immediately.

It is further ordered that the defendant shall pay restitution in the total amount of $391,976.25 pursuant to 18

Defendant shall pay restitution in the total amount of $391,976.25 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.

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.

The defendant shall be held jointly and severally liable with convicted co-participants Mark Mcquitty (Docket No. SACR 07-00236-CJC) and James Raeder (Docket No. SACR 07-00237-CJC) for the full amount of 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. § 3612(g).

The defendant shall comply with General Order No. 01-05.

JUDGMENT & PROBATION/COMMITMENT ORDER

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, James H. Breedlove, is hereby committed on the Single-Count Information to the custody of the Bureau of Prisons to be imprisoned for a term of 12 months and one day. Giving the defendant credit for time already served, the Court finds that the defendant has served his custodial sentence of 12 months and 1 day.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years 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 participate in a mental health counseling program which shall include anger management as directed by the Probation Officer, until discharged by the treatment provide, with the approval of the Probation Officer;

4. The defendant is ordered to stay away from and may not associate or communicate with Brian Sime, Jeff Greenough, Lourey McComber, Troy Worrell, James Raeder, Mark McQuitty, Todd Adams, Paul Bonin, and William Bondurant;

5. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's mental health condition to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. ยง 3672. The defendant shall provide ...


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