United States District Court Central District of California
August 23, 2010
UNITED STATES OF AMERICA
JAMES BROWNE SOCIAL SECURITY NO. 7 4 8 3 ES WILLIAM BROWNE, JR.(T/N), JAMES WILLIAM RWN, WILLIAM JAMES BROWN, JAMES GARDNER WNE, JAMES WILLIAM BROWNE, WILLIAM JAMES WNE, JAMES W. BROWN, TONY BROWNE, WILLIAM WN, JAMES ANDREW BROWNE, JAMES W. BROWNE, NY" (LAST 4 DIGITS)
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
MONTH DAY YEAR
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
(Name of Counsel)
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, with the approval of the Probation Officer;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's psychiatric disorder to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
The defendant shall apply all monies 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 submit person and property to search or seizure at any time of the day or night by any law enforcement officer with or without a warrant and with or without reasonable or probable cause;
The defendant shall report to the United States Probation Office within 72 hours of his placement on supervised release;
The defendant shall report in person directly to the Court within 21 days of his placement on supervised release, at a date and time to be set by the United States Probation Office, and thereafter report in person to the Court no more than eight times during his first year of supervised release; and The defendant shall not possess, have under his control, or have access to any firearm, explosive device, or other dangerous weapon as defined by federal, state, or local law.
authorizes the Probation Officer to disclose the Presentence Report, and/or any previous mental evaluations or reports, to the treatment provider. The treatment provider may provide information, the Presentence Report, to State or local social service agencies for the purpose of the client's recommends that the Bureau of Prisons conduct both a medical and mental health evaluation of the and provide all necessary treatment.
The Court recommends that the defendant be housed in a Southern California institution to facilitate visitation with family, friends and loved ones.
The Court recommends that defendant have an MRI for injuries previously sustained.
The Court informs the defendant of right to appeal.
to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke for a violation occurring during the supervision period.
that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.
Defendant shall comply with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment:
defendant shall not commit another Federal, state or local crime; defendant shall not leave the judicial district without the written
10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer; of the court or probation officer; defendant shall report to the probation officer as directed by the or probation officer and shall submit a truthful and complete report within the first five days of each month; defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; defendant shall support his or her dependents and meet other
11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;
12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;
13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; responsibilities; defendant shall work regularly at a lawful occupation unless by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior
14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement; change in residence or employment; defendant shall refrain from excessive use of alcohol and shall not possess, use, distribute, or administer any narcotic or other substance, or any paraphernalia related to such substances, except as prescribed by a physician; defendant shall not frequent places where controlled substances
15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;
16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.
sold, used, distributed or administered;
Defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).
ATUTORY PROVISIONS PERTAINING TO PAYM ENT AND COLLECTION OF FINANCIAL SANCTIONS
Defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or paid in full before the fifteenth (15 ) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments may be subject for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, however, are not for offenses completed prior to April 24, 1996.
all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay the irected by the United States Attorney's Office. 18 U.S.C. §3613.
defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's mailing address or until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).
defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change in the economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and for probation 18 U.S.C. ).
Payments shall be applied in the following order:
1. Special assessments pursuant to 18 U.S.C. §3013;
2. Restitution, in this sequence:
Private victims (individual and corporate), Providers of compensation to private victims, The United States as victim; 3. Fine; 4. Community restitution, pursuant to 18 U.S.C. §3663(c); and 5. Other penalties and costs.
SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE
directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement, with documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not apply for any loan or open credit without prior approval of the Probation Officer.
defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary proceeds sited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any unts, shall be disclosed to the Probation Officer upon request.
defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.
These conditions are in addition to any other conditions imposed by this judgment.
the within Judgment and Commitment as follows:
Delivered on to
noted on appeal on
appeal determined on
delivered on to
institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
United States Marshal
ate Deputy Marshal
and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
FOR U.S. PROBATION OFFICE USE ONLY
ing of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of and/or (3) modify the conditions of supervision.
conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
U. S. Probation Officer/Designated Witness Date
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