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United States of America v. David Montesano

July 26, 2011

UNITED STATES OF AMERICA
v.
DAVID MONTESANO



The opinion of the court was delivered by: Terry J. Hatter, Jr., United States District Judge

RE-SENTENCING

Social Security No. 3 5 0 7 (Last 4 digits)

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. JULY 25 2011

Dennis Riordan, Retained

(Name of Counsel)

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

NOLO X NOT CONTENDERE GUILTY

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in violation of 18 U.S.C. § 371 as charged in Count 1 of the Redacted, Interlineated 25-Count Indictment. Securities Fraud and Aiding and Abetting and Causing An Act to be Done in violation of 15 U.S.C. §§ 78j(b), 78ff, as charged in Count 5 of the Redacted, Interlineated 25-Count 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

21 months

The Court ORDERS the defendant to pay to the United States a special assessment of $200.00, to the Clerk of the Court, which is

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution. It is ordered that the defendant shall pay restitution in the total amount of $175,376.51, pursuant to 18 U.S.C. § 3663A. The amount of restitution ordered shall be paid as follows:

Amount

$3,216.50 Kempthorn $30,185.75

$27,449.00 $169.00 $6,314.00 $51,920.63 $9,553.38 Stevenson $16,568.25

$30,000.00

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 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 $25 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.

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. §3612(g).

The defendant shall be held jointly and severally liable with co-defendant John Laurienti for the amount of restitution ordered in

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

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, DAVID MONTESANO, is, hereby, committed on Counts One and Five of the Redacted, Interlineated 25-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 21 months. This consists of 21 months on each of Counts One ...


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