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United States v. Brown

August 23, 2010


The opinion of the court was delivered by: Hon. David O. Carter, U. S. District Judge



the presence of the attorney for the government, the defendant appeared in person on this date. 08 23 2010

X WITH COUNSEL Randolph Driggs, appointed

(Name of Counsel)

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


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

Bank Fraud, in violation of 18 U.S.C. § 1344, as charged in Count 4 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, which is due

that the defendant shall pay restitution in the total amount of $141,317.78 pursuant to 18 U.S.C. § of restitution ordered shall be paid as follows: ictim Amount

ells Fargo Bank $141,317.78

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 $50 shall be made during the supervised release. These payments shall begin 30 days after the commencement of supervision. restitution payments are ordered as the court finds that the defendant's economic circumstances do for either immediate or future payment of the amount ordered.

shall be held jointly and severally liable with co defendants, Terry Lamar Massengill and, if Sean Lamar Bazille for the amount of restitution ordered in this judgment. The victims' recovery is the amount of their loss and the defendant's liability for restitution ceases if and when the victims 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 recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and necessary treatment. to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Antwan Brown, is hereby committed on Count 4 of the First Superseding Indictment to the custody of the Prisons to be imprisoned for a term of 64 months.

from imprisonment, the defendant shall be placed on supervised release for a term of five years 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 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 an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and 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 United States 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 the defendant shall reside in the treatment program until discharged by the Program Director and 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 substance abuse and mental health to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. ยง 3672. The defendant shall ...

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