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United States v. Peterson

April 12, 2010

UNITED STATES OF AMERICA
v.
SHIRLEY PETERSON SOCIAL SECURITY NO.4477 77 22 TRUE SHIRLEY ELAINE PETERSON (TRUE); SHIRLEY E. BUTTS PETERSON; SHIRLEY E. GOLSTON-PETERSON; S. ELAINE GOLSTON-PETERSON; SHIRLEY E. GOLSTON PETERSON; SHIRLEY ELAINE GOLSTON; SHIRLEY ELAINE CANNON; CANNON BUTTS; SHIRLEY ELAINE BUTTS



The opinion of the court was delivered by: Philip S. Gutierrez United States 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. 04 02 10

X WITH COUNSEL Kay Otani, Deputy Federal Public Defender

(Name of Counsel)

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

NOLO CONTENDERE There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:

Theft of Government Property, in violation of Title 18 U.S.C. § 641, as charged in the Single-Count 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 is hereby placed on:

probation for a term of five (5) years.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due

It is ordered that the defendant shall pay restitution in the total amount of $34,437 pursuant to 18 U.S.C. § 3663A, 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.

Restitution shall be paid in monthly installments of at least $50 during the term of probation. These payments shall begin 30 days after the date of 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

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Shirley Peterson, is hereby placed on probation on the single-count indictment for a term of five 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;

The defendant shall participate for a period of six months in a home detention program which may include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment;

The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer;

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 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 defendant shall perform 100 hours of community service, as directed by the Probation Officer;

The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior written approval of the Probation Officer;

The defendant shall not own, operate, or reside in a "community care facility," "residential facility," "adult day program," "therapeutic day services facility," or "social rehabilitation facility," as those terms are defined at section 1502 of the California Health and Safety Code, 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 ...


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