JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 03 04 2011
X WITH COUNSEL Hilary Potashner, Deputy Federal Public Defender, 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 GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Possess with Intent to Distribute a Controlled Substance in violation of 21 USC 846, as charged in Count One in Case No. CR08-1039-CAS; Access Device Fraud, Aggregate Loss Exceeding $1,000.00 in violation of 18 USC 1029(a)(2), as charged in Count One in Case No. CR11-5-CAS; and Access Device Fraud, Possession of More than 15 Access Devices in violation of 18 USC 1029(a)(3), as charged in Count Two in Case No. CR11-5-CAS.
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 on Count One of the Indictment in Case No. CR08-1039-CAS and Counts One and Two of the Indictment in Case No. CR11-5-CAS to the custody of the Bureau of Prisons to be imprisoned for a term of: NINETY (90) MONTHS. This term consists of ninety (90) months on Count One of the Indictment in Case No. CR08-1039-CAS, and ten (10) months on Counts One and Two of the Indictment in Case No. CR11-5-CAS, all such terms to run concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $300.00, which is
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
It is ordered that the defendant shall pay restitution in the total amount of $105,514.68 pursuant to 18
The amount of restitution ordered shall be paid to the victim as set forth in a separate victim list as stipulated and prepared by counsel 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
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.
Upon release from custody, nominal monthly payments of at least $25.00 shall be made during the period of supervised release. These payments shall begin thirty (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.
Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest and penalties on the restitution ordered is waived because the defendant does not have the ability to pay interest and penalties.
The defendant shall comply with General Order No. 01-05.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four (4). This term consists of four (4) years in Case No. CR08-1039-CAS and three (3) years in Case No. CR11-5-CAS, 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 318;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one (1) drug test within fifteen (15) days of release from imprisonment and at least two (2) periodic drug tests thereafter, not to exceed eight (8) tests per month, as directed by the Probation Officer;
During the period of community supervision, the defendant shall pay the special assessment in accordance with this judgment's ...