JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 09 11 2009
W WITH COUNSEL Randolph K. Driggs, CJA, Appointed
W 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 W GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in
Violation of 18 U.S.C. § 371 as Charged in Count One of the First Superseding
Indictment; Bank Fraud in Violation of 18 U.S.C. § 1344 as Charged in Count Two of the First Superseding Indictment; False Income Tax Return in Violation of 26 U.S.C. § 7206(1) as Charge in Count Three of the First Superseding Indictment.
The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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 $300, which is due immediately.
Pursuant to U.S.S.G. § 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.
Pursuant to 18 USC3663A, it is ordered that the defendant shall pay restitution in the total amount of $29,638,011.00 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 $100 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 the defendant makes a partial payment, such payments are to be made to the individual victim, Mr. Hernandez, and shall receive priority. Once that portion of the judgment is satisfied, the other two payees will each receive approximately proportional payment unless another priority order or percentage payment is specified. The amount of restitution ordered shall be paid as set forth on the list.
The defendant shall be held jointly and severally liable with the co-defendants Varner, Kilmer, Bonilla, Rezex, Acosta, Kirkwood and Robles, for the 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.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Richard Elroy Giddens, is hereby committed on Counts one, two, and three of the First Superseding Indictment to the custody of the Bureau of Prisons for a term of 78 months. This term consists of 60 months on Count one of the First Superseding Indictment; 78 months on Count two of the First Superseding Indictment; and 36 months on Count three of the First Superseding Indictment, all such terms to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of three years on Count one; five years on Count two; and one year on Count three of the First Superseding Indictment, all such terms to run concurrently under the following terms and conditions:
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 truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show ...