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United States of America v. Michelle Lee Prince

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 7, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MICHELLE LEE PRINCE,
DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'neill United States District Judge

BENJAMIN B. WAGNER United States Attorney MARK J. McKEON Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000

APPLICATION AND ORDER FOR MONEY JUDGMENT

On October 15, 2010, defendant Michelle Lee Prince entered a guilty plea to Count Five of the indictment which charges her with Wire Fraud in violation of 18 U.S.C. § 1343 and 2(a); and Count Seventeen of the indictment which charges her with Possession of a Document-Making Implement, in violation of Title 18 U.S.C. § 1028(a)(5) and 2(a).

As part of her plea agreement with the United States, defendant Michelle Lee Prince agreed to forfeit voluntarily and immediately $86,282.49, as a personal money judgment pursuant to Fed. R. Crim.

P. 32.2(b)(1), which reflects a reasonable compromise between the parties for forfeiture purposes concerning the proceeds the defendant obtained as a result of a violation of 18 U.S.C. 1343

1 Application and Order for Money Judgment and 1028(a)(5), to which she has pled guilty. See Defendant Prince's Plea Agreement ¶ k.(1).

Plaintiff hereby applies for entry of a money judgment as follows:

1. Pursuant to 18 U.S.C. § 982 and Fed. R. Crim. P. 32.2(b)(1), the Court shall impose a personal forfeiture money judgment against defendant Michelle Lee Prince in the amount of $86,282.00.

2. The above-referenced personal forfeiture money judgment is imposed based on defendant Michelle Lee Prince's conviction for violating 18 U.S.C. § 1343 and 2(a)(Count Five) and 18 U.S.C. § 1028(a)(5) and 2(a)(Count Seventeen). Said amount reflects a reasonable compromise between the parties for forfeiture purposes concerning the proceeds the defendant obtained, which the defendant agreed is subject to forfeiture based on the offense of conviction. Any funds applied towards such judgment shall be forfeited to the United States of America and disposed of as provided for by law.

3. Payment of the personal forfeiture money judgment should be made in the form of a cashier's check made payable to the United States Marshals Service and sent to the U.S. Attorney's Office, Att: Asset Forfeiture Unit, 2500 Tulare Street, Suite 4401, Fresno, CA 93721. Prior to the imposition of sentence, any funds delivered to the United States to satisfy the personal money judgment shall be seized and held by the United States Marshals Service, in its secure

2 Application and Order for Money Judgment custody and control.

DATED: 1/6/2011

ORDER

For good cause shown, the Court hereby imposes a personal forfeiture money judgment against defendant Michelle Lee Prince in the amount of $86,282.49. Any funds applied towards such judgment shall be forfeited to the United States of America and disposed of as provided for by law. Prior to the imposition of sentence, any funds delivered to the United States to satisfy the personal money judgment shall be seized and held by the United States Marshals Service, in its secure custody and control.

IT IS SO ORDERED.

3 Application and Order for Money Judgment

20110107

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