The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge
Social Security No. 0 0 9 8 (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 04 04 2011
JESUS BERNAL, Deputy Federal Public Defender, Appointed
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: Regarding Case No. EDCR09-00110VAP, Bank Robbery, in Violation of 18 U.S.C. § 2113(a), as Charged in Counts 1, 4, 5, 6 and 7 of the Indictment; and, Armed Bank Robbery, in Violation of 18 U.S.C. §§ 2113(a)(d), as Charged in Count 3 of the Indictment.
Regarding Case No. EDCR10-00481VAP, Armed Bank Robbery, in Violation of 18 U.S.C. § 2113(a), as Charged in the Single-Count Information.
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:
It is ordered that the defendant shall pay to the United States a special assessment of $700, which is due Pursuant to 18 USC3663A, it is ordered that the defendant shall pay restitution in the total amount of $24,095.75, 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, shall remain confidential to protect the privacy interests of the victims.
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 10% of defendant's gross monthly income, but not less than $100, whichever 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 and delinquency pursuant
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
Pursuant to the Sentencing Reform Act of 1984, it is the judgment
of the Court that the defendant, Tony Baik Fennell, is hereby
committed on counts 1, 3, 4, 5, 6, and 7 of the indictment filed under
Docket No. EDCR09-
and count one of the single-count information filed under Docket
No. EDCR10-00481-VAP to the custody of the Bureau
of Prisons for a term of 78 months. This term consists of 78 months on
each of counts 1, 3, 4, 5, 6, and 7 of the indictment filed under
Docket No. EDCR09-00110-VAP, and count one of the
single-count information filed under Docket No.
EDCR10-00481-VAP , to be served concurrently.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of three years on each of counts 1, 4, 5, 6, and 7 of the indictment filed under Docket No.
, and count one of the single-count information filed under Docket No. EDCR10- , and five years on counts 3 of the indictment filed under Docket No. EDCR09-00110-VAP , 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 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;
The defendant shall not participate in any form of gambling activity or enter any establishment where gambling is the primary business;
The defendant shall participate in a program for gambling addiction as directed by the Probation Officer, until discharged from the program by the service provider with the approval of the Probation ...