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Tates of America v. Jamie Smith

United States District Court Central District of California


January 10, 2011

TATES OF AMERICA
v.
JAMIE SMITH

Social Security No. 1 3 3 9

ie Sarpy (Last 4 digits)

JUDGM ENT AND PROBATION/COM M ITM ENT ORDER MONTH DAY YEAR

the presence of the attorney for the government, the defendant appeared in person on this date. 01 10 2011

X WITH COUNSEL Thomas Nishi

(Name of Counsel)

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

NOLO NOT GUILTY CONTENDERE

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

Wire and Bank Fraud Conspiracy in violation of 18 U.S.C. § 1349 as charged in Count One (1) of the indictment.

T

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: One (1) Day, TIM E SERVED.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $1,477 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 by the probation officer, shall remain confidential to protect the privacy interests of the victims.

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.

Restitution shall be paid in monthly installments of at least $60 during the period of supervised release. These payments shall begin 30 days after the date of this judgment.

The defendant shall be held jointly and severally liable with co-participants, Kenneth Joseph Lucas and Antonio Late Colson for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.

The defendant shall comply with General Order No. 01-05.

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions:

1. The defendant shall comply with the rules and regulations of the U.S. Probation Office and General

2. 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;

3. 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;

4. When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, including childcare, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;

5. 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;

6. 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

7. The defendant shall cooperate in the collection of a DNA sample from the defendant;

Government's motion to dismiss any remaining counts as to defendant Jamie Smith, only, is granted.

Defendant is informed of her right to appeal.

Bond is exonerated. to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend f supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue revoke supervision for a violation occurring during the supervision period.

1-10-2011

ate U. S. District Judge

that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified

Clerk, U.S. District Court

1-10-2011 By

s/ Joseph Remigio

iled Date Deputy Clerk

ant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment: defendant shall not commit another Federal, state or

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer; defendant shall not leave the judicial district without the permission of the court or probation officer; defendant shall report to the probation officer as by the court or probation officer and shall submit and complete written report within the first five

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer; days of each month; defendant shall answer truthfully all inquiries by the officer and follow the instructions of the

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer; probation officer; shall support his or her dependents and meet

13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; responsibilities; defendant shall work regularly at a lawful occupation excused by the probation officer for schooling, training, or other acceptable reasons; defendant shall notify the probation officer at least

14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement; any change in residence or employment; defendant shall refrain from excessive use of alcohol shall not purchase, possess, use, distribute, or any narcotic or other controlled substance, or paraphernalia related to such substances, except as by a physician; defendant shall not frequent places where controlled are illegally sold, used, distributed or

15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;

16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.

efendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).

UTORY PROVISIONS PERTAINING TO PAYM ENT AND COLLECTION OF FINANCIAL SANCTIONS

defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine n is paid in full before the fifteenth (15 ) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments

ject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution are not applicable for offenses completed prior to April 24, 1996.

all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay as directed by the United States Attorney's Office. 18 U.S.C. §3613.

defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's mailing address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change ant's economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. he Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party , adjust the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) bation 18 U.S.C. §3563(a)(7).

ayments shall be applied in the following order:

1. Special assessments pursuant to 18 U.S.C. §3013;

2. Restitution, in this sequence:

Private victims (individual and corporate), Providers of compensation to private victims, The United States as victim; 3. Fine; 4. Community restitution, pursuant to 18 U.S.C. §3663(c); and 5. Other penalties and costs.

SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE

directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit uiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not loan or open any line of credit without prior approval of the Probation Officer.

defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank including any business accounts, shall be disclosed to the Probation Officer upon request.

defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 proval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

RETURN

the within Judgment and Commitment as follows:

elivered on to

noted on appeal on

released on

issued on

appeal on

elivered on to institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal

By

ate Deputy Marshal

CERTIFICATE

and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, legal custody.

Clerk, U.S. District Court

By

iled Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

ing of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the ervision, and/or (3) modify the conditions of supervision.

conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

igned)

Defendant Date

U. S. Probation Officer/Designated Witness Date

20110110

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