The opinion of the court was delivered by: R. Gary Klausner, United States District Judge
AMENDED JUDGMENT PURSUANT TO MANDATE ISSUED BY NINTH CIRCUIT COURT OF APPEALS
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. August 18, 2008
X WITH COUNSEL PAUL POTTER, PANEL
GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Causing Interstate Transportation of Money Obtained by Fraud in violation of 18 USC Sections 2314, 2 (b), as charged in Counts One through Six of the Indictment; and Causing Transactions in Criminally Derived Property in violation of 18 USC Sections 1957, 2(b), as charged in Counts Seven through Eleven of the Indictment 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 $1,100, which is due
It is ordered that the defendant shall pay restitution in the total amount of $5,627,799 to the victim set forth in a separate victim list, minus the value of the 2002 Bentley which is in the victim's possession, as will be determined by the Court pursuant to 18 U.S.C. Section 3663A.
Restitution shall be due during the period of imprisonment, at the rate of not less than $25.00 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of restitution remains unpaid after release from custody, monthly installments of at least $100, shall be made during the period of supervised release and shall begin 30 days after the commencement of supervision;
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
Pursuant to the Sentencing Reform Act of 1974, it is the judgment of the Court that the defendant, Thomas M. Johnson, is hereby committed on Counts One through Eleven of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of ONE HUNDRED EIGHT (108) MONTHS. This term consists of 108 months on each of Counts One through Eleven of the Indictment to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of THREE (3) YEARS under the following terms and conditions. This term consists of three years on each of Counts One through Eleven, all such terms to run concurrently.
The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;
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/placement on probation and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
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; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Court recommends that the defendant be designated to a Bureau of Prisons facility near Southern
The Court recommends that the defendant be evaluated for participation in the Bureau ...