JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person 11 22 2010
X WITH COUNSEL Michael Mayock, Panel
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:
18 U.S.C. § 1341, 2326 - MAIL FRAUD, ENHANCED PENALTIES FOR TELEMARKETING FRAUD AGAINST THE ELDERLY; AIDING AND ABETTING AND CAUSING AN ACT TO BE DONE as charged in Counts 2, 3 and 4 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 the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Dillon Shareef, is hereby committed on Counts 2, 3 and 4 of the 22 Count Indictment to the custody of the Bureau of Prisons for a term of 171 months. This term consists of 171 months on each of Counts 2, 3 and 4 of the 22 Count Indictment, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 2, 3 and 4 of the 22 Count Indictment, all such terms to run concurrently under 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 not commit any violation of local, state or federal law or ordinance;
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 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 his true legal name or names without the prior written approval of the Probation Officer;
The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving any telemarketing activities, including for lotteries or other games of chance, or any other business involving the solicitation of funds or cold-calls to customers. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, 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; and,
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
It is ordered that the defendant shall pay restitution in the total amount of $924,613 pursuant to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as set forth on the list attached to this judgment. Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least $100 or ten percent of the defendant's monthly gross income, which ever is greater, shall be made during the period of supervised release. 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 allow for either immediate or future payment of the amount ordered.
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.
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 ...