The opinion of the court was delivered by: Ronald S. W. Lew, Senior, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 11 02 2009
X WITH COUNSEL Michael McDonnell, Retained
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:
Count One of the Information: 18 USC 371, Conspiracy Count Two of the Information: 18 USC 1010, False Statements to the Department of Housing and Urban Development
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: 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:
Probation for a term of THREE (3) YEARS. This term consists of three (3) years on each of Counts 1 and 2 of the Information, to be served concurrently.
IT IS ORDERED that the defendant shall pay to the United States a special assessment of $200.00, which is due immediately.
IT IS ORDERED that the defendant shall pay restitution in the total amount of $442,689 pursuant to 18 USC 3663A.
The amount of restitution ordered shall be paid as follows:
Amount Department of Housing and $442,689 Urban Development FAN Collections U.S. Department of HUD P.O. Box 277303 Atlanta, GA 30384-7303
The defendant shall make nominal monthly payments of at least $25 during the period of probation, which 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 to 18 U.S.C. § 3612(g).
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.
This term consists of three years probation on each of Counts 1 and 2 of the Information, all such terms to run concurrently, under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. The defendant shall participate for a period of four 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 ...