The opinion of the court was delivered by: Manuel L. Real District Judge
Residence: N/A Mailing: SAME
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: SEPTEMBER 13, 2010 Month / Day / Year COUNSEL: WITHOUT COUNSEL
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL Michael Khouri, appointed PLEA:
GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a jury verdict of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in violation of Title 18 USC 371 as charged in count 1 of the 1st superseding indictment; Asportation in commission of armed bank robbery in violation of Title 18 USC 2113(a),(d) as charged in count 2 of the 1st superseding indictment; Using, carrying, brandishing firearm during crime of violence, aiding and abetting in violation of Title 18 USC 924(c)(1)(A)(ii), 2(a) as charged in count 3 of the 1st superseding indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
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 and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the court the defendant is hereby committed to the Bureau of Prisons to be imprisoned for a term of:
One hundred eighty (180) months, consisting of ninety-six (96) months on counts 1 and 2, to be served concurrently, and eighty-four (84) months on count 3, to be served consecutively to the sentence imposed on counts 1 and 2, for a total sentence of 180 months.
IT IS FURTHER ADJUDGED that upon release from imprisonment defendant shall be placed on supervised release for five (5) years, consisting of 3 years on count 1 and 5 years on counts 2 and 3, to be served concurrently, under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02; 2) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 3) shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 4) shall as directed by the Probation Officer apply any monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; 5) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $300.00, which is due immediately.
IT IS FURTHER ORDERED that defendant pay restitution in the amount of $79,390.00 to the victim Downey Savings and Loan. 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, nominal monthly payments of at least $50.00 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. The defendant shall be held jointly and severally liable with co-defendants Ronnie Johnson and Marvin Sanders, and co-conspirators Anthony Joseph Casio and Demetrick Smart (SACV-08-26-R). The victim's recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victim receives full restition. Interest on the restitution is waived.
IT IS FURTHER ORDERED defendant shall comply with General Order 01-05.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of this judgment be imposed. the Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by ...