The opinion of the court was delivered by: S. James Otero U. S. District Judge/Magistrate Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. Nov 5, 2009
x WITH COUNSEL George W. Buehler, appointed
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: 18:1029(a)(2), (c)(1)(A)(i) Fraudulent Use of Unauthorized Access Devices as charged in Count 1, 18:1341 Mail Fraud as charged in Count 5, 18:1028A: Aggravated Identity Theft as charged in Counts 9 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:
The defendant shall pay to the United States a special assessment of $300, which is due immediately.
Defendant shall pay restitution in the total amount of $1,047,321.52 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 $200 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.
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
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
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment;
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Visanio Eugene Vann, is hereby committed on Counts 1, 5 and 9 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of (Ninety-Five) 95 months .
This term consists of 71 months on each of Counts 1 and 5, to be served concurrently, and 24 months on Count 9, to be served consecutively to the terms imposed on Counts 1 and 5.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of (3) three years. This term consists of three years on each of Counts 1 and 5, and 1 year on Count 9 of the 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
The defendant shall not commit any violation of local, state or federal law or ordinance;
During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this ...