The opinion of the court was delivered by: S. James Otero United States District Judge
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. 10 8 2009
X WITH COUNSEL Mark Kassabian, CJA appointment (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:
Bank Robbery in violation of 18 U.S.C. § 2113(a) as charged in Count 3 of the Indictment.
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:
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 $1,300 pursuant to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as follows:
Wachovia Bank/Wells Fargo Bank $1,300
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 $25 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 courts finds that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered.
Pursuant to 18 U.S.C. § 2612(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 be held jointly and severally liable with coparticipant Edward Joseph Aguirre for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.
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, Bradly Newton McKoski, is hereby committed on Count 3 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of forty-six (46) months.
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:
1. The defendant shall comply with the rules and regulations of the United States Probation Office and General Order 318;
2. The defendant shall not commit any violation of local, state or federal law or ordinance;
3. 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 and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the probation officer.
4. 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, ...