The opinion of the court was delivered by: U. S. District Judge Andrew J. Guilford
Social Security No. 0 2 2 4
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 13 2012
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: Bank Robbery in violation of 18 U.S.C. § 2113(a) as charged I Count 1of the Indictment; and Armed Bank Robbery in violation of 18 USC §§ 2113(a), (d) as charged in Count 2 of the 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:
It is ordered that the defendant shall pay to the United States a special assessment of $200, 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 $3,174.00, pursuant to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as follows: Victim: Chase Bank, $1,000.00; Wells Fargo Bank, Amount: $5,697.00; Schools First Credit Union, Amount $500.00 . The restitution total amount is $7,197.
The $4,023 seized from defendant on January 27, 2011 shall be applied to that amount, and distributed
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless the money already confiscated has not ben returned proportionately and other priority order or percentage payment is
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, monthly payments of at least 10% of the defendant's gross monthly income, but not less than $150, whichever is greater, shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.
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 subject to 18 U.S.C. §
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 he is unable to pay and is not likely to become able to pay any fine. Further, the Court finds that it is more important that the victims of the crime receive restitution.
Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Emerson Jean Christie, is hereby committed on Counts One and Two of the First Superseding Information to the custody of the Bureau of Prisons to be imprisoned for a term of 46 months. This term consists of 46 months on each of Counts One and Two of the First Superseding Information, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years. This term consists of three (3) years on Count One and five (5) years on Count Two, 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;
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 cooperate in the collection of a DNA sample from the defendant;
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, ...