The opinion of the court was delivered by: Dolly M. Gee United States District Judge
Social Security No. 3 8 4 4
(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. JAN 25 2012
X WITH COUNSEL Carlos L. Juarez, apppointed
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: Bank Fraud in violation of Title 18 U.S.C. §1344 as charged in Count Two of 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, MYRESSE DIANN COOKE, is hereby committed on the Nine-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of: time served.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. Any unpaid balance 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.
It is ordered that the defendant shall pay restitution in the total amount of $13,290.33 pursuant to 18 U.S.C. § 3663A. Defendant shall pay restitution in the total amount of $13,290.33 to the victim 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 the 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 victim.
Restitution shall be due during the period of home confinement and supervised release. The defendant shall make monthly payments of at least 10% of defendant's gross monthly income, but not less than $500, whichever is greater, during the period of home confinement and supervised release. These payments shall begin 30 days after the commencement of home confinement.
Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant does not have the ability to pay a fine in addition to restitution.
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, MYRESSE DIANN COOKE, is hereby committed on Count Two of the Nine-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of TIME SERVED .
The defendant shall be placed forthwith on supervised release for a term of THREE years under the following terms
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 commencement of home supervision and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
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;
The defendant shall not be employed in any capacity wherein she has custody, control or management of her employer's funds;
The defendant shall not engage in any form of gambling activity, including the purchase of lottery tickets directly or indirectly, or enter any establishment where gambling is a primary source of income;
The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any other anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;
The defendant shall participate for a period of seven months in a home detention program which may include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. During this period of home detention, the defendant shall be permitted to go to and from her place of employment and to any medical or counseling appointments;
If found unsuitable for home confinement, the defendant shall instead reside in a residential re-entry center for a period of seven months and observe the rules of the program as directed by the Probation Officer, provided that defendant shall be permitted to go to and from job ...