The opinion of the court was delivered by: U. S. District Judge Andrew J. Guilford
Social Security No. 6 8 6 8
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 07 25 2011
Stephan DeSales, Retained
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: Access Device Fraud in violation 18 U.S.C. §1029(a)(2) as charged in Count 1 of the 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 $100, which is due immediately. It is ordered that the defendant shall pay restitution in the total amount of $65,000 under 18 U.S.C. § 3663A. The amount of restitution ordered shall be paid as follows: Victim: Tiffany Lynn Brown, Amount $65,000.
The balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and under the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, restitution shall be paid in monthly installments of at least 10% of defendant's gross monthly income, but not less than $500, whichever is greater, during the term of supervised release. These payments shall begin 30 days after the release from incarceration. 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 higher amounts. ordered.
Under 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 under 18 U.S.C. § 3612(g). The defendant shall comply with General Order No. 01-05.
Under Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that she is unable to pay a fine in addition to restitution.
Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Latona Mae Jackson, is hereby committed on Count 1 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of 6 months. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years under the following
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;
2. 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;
3. The defendant shall cooperate in the collection of a DNA sample from the defendant;
4. The defendant shall report her conviction to the California Department of Social Services (CDSS) within 30 days of this judgment and provide proof of reporting to the Probation Officer;
5. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and
6. The defendant shall not be self-employed nor shall the defendant be employed by relatives, unless approved by the Probation Officer. The defendant will not accept or begin employment without the prior approval of the Probation Officer and employment shall be subject to continuous review and verification by the Probation Officer. The defendant shall not work for cash and defendant's employment shall provide regular pay stubs with appropriate deductions for taxes.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk
It is further ordered that the defendant surrender herself to the institution designated by the Bureau of Prisons on or before 12 noon, on September 23, 2011. In the absence of such designation, the defendant shall report on or before the same date and time to the United States Marshal located at the ...