JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 10 29 09
U WITH COUNSEL James Pernell Cooper, III, Appointed
U GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of U GUILTY, defendant has been convicted as charged of the offense(s) of:
18 U.S.C. § 1344(1): BANK FRAUD, 18 U.S.C. § 1028A: AGGRAVATED IDENTITY THEFT and 18 U.S.C. § 1957: ENGANGING IN MONETARY TRANSACTIONS IN CRIMINALLY DERIVED PROPERTY as charged in the Indictment in Case No. CR 08-1466-GW and 18 U.S.C. § 1029(b)(2): CONSPIRACY as charges in the First Superseding Indictment in Case No. CR 08-1467-GW.
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: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: Eight-Four (84) Months to run concurrent with the 132 months in case CR08-1466.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
It is ordered that the defendant shall pay a combined restitution in the total amount of $537,973.69 as to cases Nos. CR08-1466 and CR08-1467 pursuant to 18 U.S.C. § 3663A. The amount of restitution shall be paid as follows:
Defendant shall pay restitution in the total amount of $537,973.69 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.
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.
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 $500 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
The defendant shall be held jointly and severally liable with co-participants, Jose Inthisone, Viet Nguyen, Kyle Kongchan, and Huy Tran, for the amount of restitution ordered in this judgment as it applies to each of the separately files Indictments. 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.
As to Case No. CR08-01466, pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Martin Quoc Pham, is hereby committed on Counts Three, Four, Five, Fifteen, and Seventeen of the 21-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 108 months. This term consists of 108 months on each of Counts Three, Four, and Five; 108 months on Count 17 to be served concurrently with Counts Three, Four, and Five, plus a mandatory minimum and consecutive term of 24 months on Count 15.
As to Case No. CR08-01467(A), pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Martin Quoc Pham, is hereby committed on Count One of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 84 months. This term consists of the statutory maximum penalty of 60 months on Count One to be served concurrently to the sentence imposed in CR08-01466 and the mandatory minimum and consecutive term of 24 months on Count 15 to be served concurrently to the sentence imposed in CR08-01466.
The total term of imprisonment for both cases is 132 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years under the following terms and conditions. As to Case No. CR08-01466, this term consists of four years on each of Counts Three, Four, and Five; one year on Count 15; and three years on Count 17; such terms to run concurrently. As to Case No. CR08-01467(A), the defendant shall be placed on supervised release for a term of three years on Count One, such terms to run concurrently to the term of supervised release imposed in Case No. CR08-01466, under the following terms and
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. The defendant shall comply with General Order No. 01-05;
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 abusing prescription medications and alcohol during the period of supervision;
5. During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;
6. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
7. During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this ...