The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 01/13/2010
WITH COUNSEL Jack M. Earley, Retained
W 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 W GUILTY, defendant has been convicted as charged of the offense(s) of: Scheme to Defraud a Financial Institution, in violation of Title 18, United States Code, Section 1343, 2, as charged in Count Eleven of the First Superseding Indictment.
The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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 $100, which is due immediately.
Pursuant to U.S.S.G. § 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due
All fines are waived as it is found that the defendant does not have the ability to pay a fine. Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Danny Davis, is hereby committed on Count 11 of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 12 months.
The Bureau of Prisons and the United States Marshal Service is requested to make an immediate calculation of the time served as the court indicates that this may well be a sentence of time served as of
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer; and The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
The Court ORDERS all remaining counts and/or underlying Indictment(s) be DISMISSED. The defendant was informed of his right to file an appeal within 10 days of entry of Judgment.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, ...