The opinion of the court was delivered by: Stephen V. Wilson, 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. 06 28 2010
X WITH COUNSEL Errol Stambler, 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 GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in violation of 18 U.S.C. §371 as charged in Count 1 of the Indictment; Armed Bank Robbery in violation of 18 U.S.C. §2113(a)(d) as charged in Count 2 of the Indictment; Use or Carrying of Firearm During Crime of Violence in violation of 18 U.S.C. §924(c) as charged in Count 3 of the Indictment; Interference with Commerce of Robbery in violation of 18 U.S.C. §1951(a), (d) as charged in Count 1 of the Information; and Armed Bank Robbery in violation of 18 U.S.C. §2113(a)(d) as charged in Counts 2 & 3 of the Information 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 committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
This term consists of 60 months on count one of the three-count indictment, 108 months on count 2 of the three-count indictment and counts one through tree of the three-count information to be served concurrently; and 84 months on count three of the three-count indictment, to be served consecutively.
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 three-count indictment and count one of the three-count information and five years on each of counts two and three of the three-count indictment and counts two and three of the three-count information, 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;
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;
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; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is ordered that the defendant shall pay to the United States a special assessment of $600, which is due
It is ordered that the defendant shall pay restitution in the total amount of $66,047.14 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
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 lease $100 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.
The defendant shall be held jointly and severally liable with co-defendants, Gary Edward Caruthers and Andre Williamson, for the amount of restitution ordered in this judgment. The victims recovery is limited to the amount of their loss and the defendant's liability for ...