The opinion of the court was delivered by: David O. Carter, U. S. District Judge
AMENDED ON JUNE 29, 2010 AS TO TERM OF SUPERVISED RELEASE
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date.
X WITH COUNSEL Thomas H. Bienert, Jr., Appointed
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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Counts 2, 11 12 of the First Superseding Indictment: 18 USC 1343, 2: Wire Fraud, Causing an Act to be Done Count 19 of the First Superseding Indictment: 18 USC 1957, 2: Laundering of Monetary Instruments, Causing an Act to be Done 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.
It is ordered that the defendant shall pay to the United States a special assessment of $400.00, which is due
All fines are waived as it is found that the defendant does not have the ability to pay, in addition to restitution.
It is ordered that the defendant shall pay restitution in the total amount of $5,314,606.00, pursuant to 18 USC 3663A.
The amount of restitution ordered shall be paid as set forth on the list attached to the Disclosed Recommendation Letter (Item #72 on the Docket). 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.
Restitution shall be due during the period of imprisonment, at the rate of not less than $25.00 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of restitution remains unpaid after release from custody, monthly installments of at least $500.00, shall be made during the period of supervised release and 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
Pursuant to 18 USC 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 USC 3612(g).
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Reed Kyle Diehl, is hereby committed on Counts 2, 11, 12 and 19 of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 57 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 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 Order 318;
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;
The defendant shall participate in outpatient substance abuse treatment 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, alcohol, and abusing prescription medications during the period of supervision;
During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the U. S. Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and defendant ...