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United States of America v. Jonathan Preston Clark

January 30, 2012

UNITED STATES OF AMERICA
v.
JONATHAN PRESTON CLARK
JONATHAN PRESTONE, JOHN PRESTONE, PRESTON CLARK



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

Social Security No. 6 7 2 2 (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. JAN. 23 2012 X WITH COUNSEL Stephen Frye, apptd.

(Name of Counsel)

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: Wire and Bank Fraud Conspiracy in violation of Title 18 United States Code, Section 1349, as charged in Count 1 of the 51 Count Indictment.

Bank Fraud, Aiding and Abetting and Causing an Act to be Done in violation of Title 18 United States Code, Section 1344(1),(2), as charged in Count 44 of the 51 Count Indictment.

Computer Fraud Conspiracy in violation of Title 18 United States Code, Section 371, as charged in Count 48 of the 51 Count Indictment.

Money Laundering Conspiracy in violation of Title 18 United States Code, Section 1956(h), as charged in Count 51 of the 51 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: Forty (40) months.

The Court ORDERS the defendant to pay to the United States a special assessment of $400.00, to the Clerk of the Court, 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 $8,210 pursuant to 18 U.S.C. § 3663A.

The amount of restitution ordered shall be paid as follows:

Amount $8,210 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 restitution remains unpaid after release from custody, monthly instalments of at least 10% of defendant's gross monthly income but not less than $50, whichever is greater, shall be made during the period of supervised release and shall begin 30 days after the commencement of supervision.

Pursuant to 18 U.S.C. § 3664(d)(5), a deferred restitution hearing shall be calendared for April 16, 2012 at 10:00 a.m. in this case with regard to the $22,975 owed to either Bank of America or Wells Fargo Bank. An amended judgment will be entered after such determination. If an amended judgment is not entered within 90 days, the ability to order any restitution as to this amount The defendant shall be held jointly and severally liable with the following co-participants for the amount of restitution ordered in this judgment: Kenneth Joseph Lucas; Antonio Late Colson; Jovon Darnell Weems; Sylvia Johnson and Me Arlene Settle. The victim's recovery is limited to the amount of its loss and the defendant's liability for restitution ceases if and when the victim

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 comply with General Order No. 01-05.

Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, JONATHAN PRESTON CLARK, is hereby committed on Counts 1, 44, 48 and 51 of the Indictment to the custody of the Bureau of Prisons for a term of

. This term consists of 40 months on each of Counts 1, 44, 48 and 51, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1, 44, 48 and 51, all such terms to run concurrentlyunder 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 participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision.

During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program director and Probation Officer.

. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's substance abuse and mental health to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. ยง 3672. The defendant shall ...


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