United States District Court Eastern District of California
January 11, 2010
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Oliver W. Wanger, United States District Judge
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
pleaded guilty to count: 1 of the Inform ation . pleaded nolo contendere to counts(s) which was accepted by the court. was found guilty on count(s) after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Date Offense Count Section Nature of Offense Concluded Number(s) 371 and 1343 Conspiracy to com m it W ire Fraud (CLASS D 1/1/2005 - 3/1/2008 1
The defendant is sentenced as provided in pages 2 through 5 of this judgm ent. The sentence is im posed t to the Sentencing Reform Act of 1984.
The defendant has been found not guilty on counts(s) and is discharged as to such count(s).
Count(s) (is)(are) dismissed on the m otion of the United States.
Indictment is to be dismissed by District Court on motion of the United States.
Appeal rights given. [U] Appeal rights waived.
IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 any change of nam e, residence, or m ailing address until all fines, restitution, costs, and special assessm ents d by this judgm ent are fully paid. If ordered to pay restitution, the defendant m ust notify the court and United States of material changes in econom ic circum stances.
The defendant is hereby sentenced to probation for a term of 24 months .
The defendant shall not commit another federal, state, or local crime.
The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of controlled substance. The defendant shall submit to one drug test within 15 days of release on probation and at least two periodic drug tests exceed four (4) drug tests per month.
The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.)
The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. (Check, if applicable.)
The defendant shall submit to the collection of DNA as directed by the probation officer. (Check, if applicable.)
The defendant shall register and comply with the requirements in the federal and state sex offender registration agency in the jurisdiction of conviction, Eastern District of California, and in the state and in any jurisdiction where the defendant resides, is employed, or is a student. (Check, if applicable.)
The defendant shall participate in an approved program for domestic violence. (Check, if applicable.) judgment imposes a fine or a restitution obligation, it is a condition of supervised release that the defendant pay in accordance
Schedule of Payments sheet of this judgment.
comply with the standard conditions that have been adopted by this court as well as with any additional conditions page.
STANDARD CONDITIONS OF SUPERVISION
defendant shall not leave the judicial district without permission of the court or probation officer; defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days
month; defendant shall answer truthfully all inquiries by the probation officer and follow instructions of the probation officer; defendant shall support his or her dependants and meet other family responsibilities; defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons; defendant shall notify the probation officer ten days prior to any change in residence or employment; defendant shall refrain from excessive use of alcohol; defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted felony unless granted permission to do so by the probation officer; defendant shall permit a probation officer to visit him or her at any time at home or elsewhere, and shall permit confiscation of any contraband observed in plain view by the probation officer; defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without permission of the court; directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to
the defendant's compliance with such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall not dispose of or otherwise dissipate any of his assets until the fine and/or restitution order by this Judgment is paid in full, unless the defendant obtains approval of the Court or the probation officer.
2. The defendant shall provide the probation officer with access to any requested financial information.
3. The defendant shall not open additional lines of credit without the approval of the probation officer.
4. The defendant shall complete 200 hours of unpaid community service as directed by the probation officer. The defendant shall pay fees attendant to participation and placement in this program on a sliding scale as determined by the program. Community service shall be completed as directed by the probation officer.
CRIMINAL MONETARY PENALTIES
defendant m ust pay the total crim inal m onetary penalties under the Schedule of Paym ents on Sheet 6.
Assessm ent Fine Restitution tals: $100 $250 $
e determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered r such determ ination. e defendant m ust m ake restitution (including com m unity restitution) to the following payees in the amount listed below. e defendant m akes a partial paym ent, each payee shall receive an approxim ately proportioned paym ent, unless ecified otherwise in the priority order or percentage paym ent colum n below. However, pursuant to 18 U.S.C. § 3664(i), nonfederal victim s must be paid before the United States is paid.
f Payee Total Loss* Restitution Ordered Priority or Percentage
stitution am ount ordered pursuant to plea agreem ent $e defendant m ust pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full fore the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the paym ent options on Sheet ay be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
The court determ ined that the defendant does not have the ability to pay interest and it is ordered that: The interest requirem ent is waived for the [ ] fine [ ] restitution The interest requirem ent for the [ ] fine [ ] restitution is m odified as follows:
carcerated, payment of the fine is due during im prisonment at the rate of not less than $25 per quarter d paym ent shall be through the Bureau of Prisons Inm ate Financial Responsibility Program . carcerated, payment of restitution is due during im prisonm ent at the rate of not less than $25 per quarter d paym ent shall be through the Bureau of Prisons Inm ate Financial Responsibility Program .
dings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses d on or after September 13, 1994, but before April 23, 1996.
SCHEDULE OF PAYMENTS
yment of the total fine and other criminal m onetary penalties shall be due as follows:
Lum p sum paym ent of $350 due im mediately, balance due [ ] not later than , or [ ] in accordance with [ ] C, [ ] D, [ ] E, or [ ] F below; or Paym ent to begin im m ediately (m ay be com bined with [ ] C, [ ] D, or [ ] F below); or Paym ent in equal (e.g., weekly, monthly, quarterly) installm ents of $over a period of (e.g., m onths or years), to com mence (e.g., 30 or 60 days) after the date of this judgment; or Paym ent in equal (e.g., weekly, m onthly, quarterly) installm ents of $over a period of (e.g., m onths or years), to com mence (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or Paym ent during the term of supervised release will com mence within (e.g., 30 or 60 days) after release from im prisonm ent. The court will set the payment plan based on an assessm ent of the defendant's ability to pay at that time; or Special instructions regarding the paym ent of crim inal m onetary penalties:
the court has expressly ordered otherwise, if this judgm ent im poses im prisonm ent, paym ent of crim inal m onetary s is due during imprisonment. All criminal monetary penalties, except those paym ents m ade through the Federal Bureau ns' Inm ate Financial Responsibility Program , are m ade to the clerk of the court. fendant shall receive credit for all paym ents previously m ade toward any crim inal m onetary penalties im posed. int and Several ant and Co-Defendant Nam es and Case Numbers (including defendant num ber), Total Am ount, Joint and Several and corresponding payee, if appropriate:
e defendant shall pay the cost of prosecution. e defendant shall pay the following court cost(s): e defendant shall forfeit the defendant's interest in the following property to the United States:
ts shall be applied in the following order: (1) assessm ent; (2) restitution principal; (3) restitution interest, (4) fine l, (5) fine interest, (6) com m unity restitution, (7) penalties, and (8) costs, including costs of prosecution and court
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