The opinion of the court was delivered by: U. S. District Judge Dolly M. Gee
Social Security No. 0 7 6 1
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. FEB 22 2011
X WITH COUNSEL James Cooper, Appointed
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Theft of Government Property in violation of Title 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 the defendant, COLIN MICHAEL FRY, is hereby placed on PROBATION on Count 1 of the Single-Count Indictment for a term of three (3) years.
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 up to a maximum of $3,500 out of the total restitution amount of to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as follows:
Department of Homeland Security $10,724 Citizenship & Immigration Services
Restitution shall be paid by this defendant in monthly installments of at least $25 during the term of up to a maximum restitution of $3,500. These payments shall begin six months after the date of this judgment.
The defendant shall be held jointly and severally liable with co-participants, Toyonnie Ricky Woodley and Paul Andrew Brooks (Docket No. CR-10-1052), for the amount of restitution ordered in this judgment. The victim's recovery is limited to the amount of its loss and this defendant's liability for restitution ceases if and when the victim receives full restitution or after this defendant has paid a maximum of $3,500.
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 and delinquency pursuant to 18 U.S.C. §
The defendant shall comply with General Order No. 01-05.
Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay a fine in addition to restitution and is not likely to become able to pay any fine.
The defendant is placed on probation on Count 1 of the Single-Count Indictment for a term of three years 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;
The defendant shall reside for a period of two months in a residential re-entry center (community corrections component), as directed by the Probation Officer, ...