The opinion of the court was delivered by: Hon. David O. Carter, U. S. District Judge
JUDGM ENT AND PROBATION/COM M ITM ENT ORDER
the presence of the attorney for the government, the defendant appeared in person on this date. 08 23 2010
X WITH COUNSEL Thomas Wolfsen, appointed
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO NOT GUILTY CONTENDERE
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Bank Fraud, Aiding and Abetting, in violation of 18 U.S.C. § 1344, 2 as charged in Count 7 of the First Superseding 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:
that the defendant shall pay to the United States a special assessment of $100.00 which is due that the defendant shall pay restitution in the total amount of $330,698.00 pursuant to 18 U.S.C. § of restitution ordered shall be paid as follows:
ells Fargo Bank $330,698.00
shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution unpaid after release from custody, nominal monthly payments of at least 10% of the defendant's gross income, but not less than $100.00, whichever is greater, shall be made during the period of supervised These payments shall begin 30 days after the commencement of supervision. Nominal restitution are ordered as the court finds that the defendant's present economic circumstances do not allow for immediate or future payment of the amount ordered.
shall be held jointly and severally liable with convicted co-defendant Terry Lamar Massengill amount of restitution ordered in this judgment, with convicted co-defendant Lance Philip Trantum of the amount of restitution ordered in this judgment, and with convicted coconspirator Perez Brown (Case No. SACR09-00237-DOC) for $121,851.00 of the amount of restitution ordered judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for ceases if and when the victims receive full restitution.
to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant § 3612(g).
shall comply with General Order No. 01-05.
are waived as it is found that the defendant does not have the ability to pay a fine in addition to
to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, James hereby committed on Count 7 of the 15-Count First Superseding Indictment to the custody of the Prisons to be imprisoned for a term of 57 months.
from imprisonment, the defendant shall be placed on supervised release for a term of five (5) the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;
The defendant shall cooperate in the collection of a DNA sample from his person;
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 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 to 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 mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, ...