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. 03 01 2010
X WITH COUNSEL William R. Domnarski, Appointed
X 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: Conspiracy to Commit Bank Robbery in violation of 18 U.S.C. §371 and Armed Bank Robbery in violation of (18 U.S.C. §2113(a), (d)) as charged in Counts 1 and 2 of the Indictment in Case Number: CR08-00630-GAF; and, Conspiracy to Commit Bank Robbery in violation of 18 U.S.C. §371; Armed Bank Robbery in violation of 18 U.S.C. §2113(a), (d); and Use of Firearm During Crime of Violence 18U.S.C. §924(c) s charged in Counts 1, 2 and 3 of the Second Superseding Indictment in case number CR 08-186(B)-GAF.
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, Elton Eion Tablada, is hereby committed on Counts one and two of the Indictment in CR08-00630-GAF and to Counts one, two, and three of the Second Superseding Indictment in CR 08-186(B)-GAF, to the custody of the Bureau of Prisons to be imprisoned for a term of 168 months. This term consists of 60 months on count one of the Indictment, 84 months on count two of the Indictment, 60 months on count one of the Second Superseding Indictment, and 84 months on count two of the Second Superseding Indictment, to be served concurrently to each other, and 84 months on count three of the Second Superseding Indictment, to be served consecutively to the terms imposed in counts one and two of the Indictment and counts one and two of the Second Superseding Indictment.
It is ordered that the defendant shall pay to the United States a special assessment of $500, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $141,084.00 pursuant to 18 U.S.C. § 3663A. Defendant shall pay restitution in the total amount of $141,084.00 to victim(s) 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.
The defendant shall be held jointly and severally liable with co-defendants Sharon Michelle Tablada and Jamonn Lamont Lindsey (Docket No. CR 08-00186(B)-GAF) and co-participant Jeffrey Gibson (Docket No. CR 06-00777-GAF) for the amount of restitution ordered in this judgment.
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 $25 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 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.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of three years on count one of the Indictment and three years on count one of the Second Superseding Indictment and five years on count two of the Indictment and five years on each of counts two and three of the Second 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 not commit any violation of local, state or federal law or ordinance.
3. 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 and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
4. The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;
5. 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;
6. When not employed at least part-time and/or enrolled in an educational or vocational program, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;
7. The defendant may not associate with anyone known to him to be a Black P Stone gang member or persons associated with the Black P Stone gang, with the exception of his family members.
8. The defendant shall not use, for any purpose or in any manner, any name other than his true legal name;
9. The defendant shall cooperate in the collection of a DNA sample from the defendant; and,
10. The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United ...