The opinion of the court was delivered by: Dale S. Fischer, 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. 11 22 2010
X WITH COUNSEL Nadine Hettle, DFPD
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Theft of Government Property in violation of 18 U.S.C. §641 as charged in Count 1 of the 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: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that defendant, Amber Tyshay Howard, is hereby placed on PROBATION on Count 1 of the two-count Indictment for a term of FIVE (5) YEARS under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office, General Orders No. 01-05 and 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;
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 apply all monies received from income tax refunds and all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;
When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than her true legal name or names without the prior written approval of the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant shall reside for a period of four (4) months in a community corrections center (community corrections component) as directed by the Probation Officer, and shall observe the rules of that facility; and
Defendant's employment shall be approved by the probation office.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
All fines are waived because the Court finds the defendant does not have the ability to pay a fine in addition to restitution, and a fine would place an undue burden on defendant's dependents.
It is ordered that the defendant shall pay restitution in the total amount of $5,203 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 victims.
Nominal monthly payments of at least $10 shall be made during the period of probation. 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 presently allow for immediate payment of the amount ordered. Any amounts already repaid to the victim shall be credited against the amount ordered on confirmation by the Probation Officer.
Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default ...