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United States v. Kilmer

October 20, 2009

UNITED STATES OF AMERICA
v.
KATHERINE ANN KILMER SOCIAL SECURITY NO. 8971 (LAST 4 DIGITS)



The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge

AMENDED JUDGMENT & COMMITMENT ORDER

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 11 09

W WITH COUNSEL David Phillips, CJA Panel Appointment

(Name of Counsel)

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: Title 18, United States Code, Section 1001, False Statements/Entries, as charged in Count 1 of the Fourth Superseding Information.

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 $100, 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 $1,589,768, 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. The amount of restitution ordered shall be paid as follows:

Victim Amount

Housing and Urban Development (HUD) $1,589,768

The defendant shall make nominal monthly payments of at least $50 during the period of probation. 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 co-participants Varner, Giddens, Kirkwood and Robles (Docket No. CR- 07-00028-VAP) 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, Katherine Ann Kilmer, is hereby placed on probation on Count One of the Fourth Superseding Information for a term of three years, 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;

The defendant shall participate for a period of Six (6) months in a home detention program which may include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment;

During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this ...


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