The opinion of the court was delivered by: Gary Allen Feess 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. 02 12 2010
X WITH COUNSEL David R. Denis, retained counsel
GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:
Distribution of Human Growth Hormone in violation of 21 U.S.C. § 333(e) as charged in Counts 5 & 8; Smuggling in violation of 18 U.S.C. § 545, as charged in Counts 6 & 7;
Possession of at Least 15 Counterfeit and Unauthorized Access Devices in violation of 18 U.S.C. §1029(a)(3), charged in Count 9;
Aggravated Identity Theft in violation of 18 U.S.C. § 1028A as charged in Counts 10 and 12; and Possession with Intent to Use Unlawfully at Least Five Identification Documents and False Identification
Documents in violation of 18 U.S.C. §1028(a)(3) as charged in Count 11 of the First Superseding Indictment.
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, Rana Hunter, is hereby committed on Counts 5 through 12 of the First Superseding Indictment to the custody of the Bureau of Prisons for a term of fifty-one (51) months. This term consists of 27 months on each of Counts 5 through 9 and 11 to be served concurrently with each other, and 24 months on each of Counts 10 and 12, to be served concurrent with each other and consecutively to the other counts.
IT IS ORDERED that the defendant shall pay to the United States a special assessment of $800, which is due immediately.
IT IS ORDERED that the defendant shall pay restitution in the total amount of $40,182.30, pursuant to 18 U.S.C. § 3663A.
Defendant shall pay restitution in the total amount of $40,182.30 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 by the Probation Officer to the fiscal section of the Clerk's Office, shall remain confidential to protect the privacy interests of the victims.
A partial payment of $5,500 shall be paid immediately. The balance 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 $250 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.
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.
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.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years . This term consists of 3 years on each of Counts 5 through 9 and 11 and 1 year on each of Counts 10 and 12 of the First Superseding Indictment, 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 refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment/placement of probation and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
3. The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer;
4. During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;
5. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's psychiatric disorder to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
6. The defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by ...