The opinion of the court was delivered by: Margaret M. Morrow United States District Judge
AMENDED JUDGMENT (Original Sentence 1/31/2011)
Social Security No. 2 2 1 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 WITH COUNSEL DFPD Christopher Dybwad
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:
Count 1: Intentional Damage to a Protected Computer [18 U.S.C. §1030(a)(5)(A), (c)(4)(B)(I)]
Count 2-4: Attempted Access Device Fraud [18 U.S.C. §1029(a)(2), (b)(1)]
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:
It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $5,150.71 pursuant to 18 U.S.C. §3663A.
Defendant shall pay restitution in the total amount $5,150.71 to victims 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 each 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 No immediate payment of restitution by defendant is ordered. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least $150 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 comply with General Order No. 01-05.
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jermaine Levell Carter, is hereby committed on Counts One through Four of the Information to the custody of the Bureau of Prisons for a term of 26 months. This term consists of 26 months on each of Counts One through Four of the Information, 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 One through Four of the Information, 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 not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true ...