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United States v. Poling

March 30, 2010

UNITED STATES OF AMERICA
v.
POLING, SHELLY PATRICE SOCIAL SECURITY NO. 8 7 0 9 SHELLY POLING; SHELLY GIBBS



The opinion of the court was delivered by: George H. King, U. S. District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 03 29 2010

Y WITH COUNSEL JOSEPH WALSH, APPOINTED

(Name of Counsel)

Y GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding of Y GUILTY, defendant has been convicted as charged of the offense(s) of: CONSPIRACY in Violation of TITLE 18 U.S.C. § 371, as charged in Count 1; MAIL FRAUD, CAUSING AN ACT TO BE DONE, in Violation of TITLE 18 U.S.C. § 1341; 2, as charged in Count 2; WIRE FRAUD, CAUSING AN ACT T0 BE DONE, in Violation of TITLE 18 U.S.C. § 1343; 2, as charged in Count 3; CONSPIRACY TO LAUNDER MONEY, in Violation of TITLE 18 U.S.C. § 1956(a) and (h), as charged in Count 4 of the 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:

It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $956,718.90 pursuant to 18 U.S.C. §3663A The amount of restitution shall be paid to the victims listed in the confidential Presentence Report.

Restitution shall be paid at monthly payments of at least $200, 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

The defendant shall be held jointly and severally liable with co-participants, Mahmoud Khalid Azzam (CR 07-173 GHK) and Charles Nix (CR 08-960 GHK), for the amount of restitution ordered 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.

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

TIME SERVED. This term consists of time served on each of Counts 1-4, to run concurrently. The Court finds that no further custodial time is necessary at this time.

The defendant is hereby placed on supervised release for a term of five (5) years. This term consists of 3 years on Count 1 and 5 years on Count 2, 3, and 4 of the Indictment, all such terms to run concurrently 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 and restitution in accordance with this judgment's orders pertaining to such payment;

The defendant shall cooperate in the collection of a DNA sample from the defendant.

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 complete any credit applications in the name(s) of others, without the prior written approval of the Probation Officer; further the defendant shall not use, for any purpose or in any manner, any name other than her true legal name;

The defendant shall participate in a home detention program for a period of twelve (12) months, without electronic

The defendant shall apply monies in excess of $500 received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

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.

Upon motion of the government, all remaining counts are ordered dismissed.

Defendant waives her right of appeal.

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, may issue a warrant and revoke supervision for a violation occurring during the

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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