The opinion of the court was delivered by: David O. Carter, 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.
X WITH COUNSEL Errol Cook, 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: 18:2113(a) BANK ROBBERY (COUNT 1 OF THE FIRST SUPERSEDING INFORMATION) 18:2113(a), (d) BANK ROBBERY, ARMED BANK ROBBERY (COUNTS 2-4 OF THE FIRST SUPERSEDING INFORMATION) 18:924(c)(1)(A)(ii) USING, CARRYING, BRANDISHING FIREARM DURING CRIME OF VIOLENCE (COUNT 5 OF THE I FIRST SUPERSEDING INFORMATION)
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.
It is ordered that the defendant shall pay to the United States a special assessment of $500.00, which is due
It is ordered that the defendant shall pay restitution in the total amount of $133,402.00, pursuant to 18 USC 3663A.
The amount of restitution shall be paid as follows:
Restitution shall be due during the period of imprisonment, at the rate of not less than $25.00 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of restitution remains unpaid after release from custody, nominal monthly payments of at least $100.00, 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 USC 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 USC 3612(g). All fines are waived as the defendant does not have the ability to pay a fine in addition to restitution.
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, Daniel James De La Torre, is hereby committed on Counts 1 through 5 of the 5-Count First Superseding Information to the custody of the Bureau of Prisons to be imprisoned for a term of 123 months. This term consists of 63 months on each of Counts 1 through 4, all such terms to be served concurrently and 60 months on Count 5 to run consecutively to the term imposed
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on each of Counts 1 through 5, all such terms to run concurrently under the following terms and
The defendant shall comply with the rules and regulations of the U. S. Probation ...