The opinion of the court was delivered by: Alicemarie H. Stotler 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. FEB. 08 2010
X WITH COUNSEL Jack N. Whitaker, Rtnd.
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 GUILTY, defendant has been convicted as charged of the offense(s) of: Fraudulent Use of Unauthorized Access Devices in violation of 18 U.S.C. § 1029(a)(2) as charged in Count 1 of the Single-Count 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: 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:
Five (5) months on the Single-Count Indictment.
IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
IT IS FURTHER ORDERED that the defendant shall pay restitution in the total amount of $96,765.07 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.
IT IS FURTHER ORDERED that 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 $300, or 10 percent of the defendant's gross income, whichever is greater, 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.
IT IS FURTHER ORDERED that 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).
IT IS FURTHER ORDERED that the defendant shall comply with General Order
IT IS FURTHER ORDERED that all fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.
IT IS FURTHER ORDERED that upon release from imprisonment, defendant shall be placed on supervised release for a term of three (3) years under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Orders 318, 01-05 and 05-02;
During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment;
The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments, and any anticipated or unexpected financial gains to the ...