The opinion of the court was delivered by: David O. Carter, U. S. District Judge
Social Security No. 7 3 4 4
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 04 23 2011
Michael Cernyar, 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: 18 U. S.C. § 371 Conspiracy as charged in Count One, 18 U.S.C. § 2113(a),(d),(e), 2 Armed Bank Robbery with Forced Accompaniment, Aiding and Abetting as charged in Count Two, 18 U. S.C. § 924(c)(1)(A)(II), 2: Using, Carrying, Brandishing Firearm in Commission of Crime of Violence; Aiding and Abetting as charged in Count Three of the Three-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:
It is ordered that the defendant shall pay to the United States a special assessment of $300, 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 to victims in the total amount of $158,924.26 pursuant to 18 U.S.C. § 3663A.
A partial payment of $10,000 shall be paid within 60 days of this judgment. The 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. If any amount of the restitution remains unpaid after release from custody, monthly payments of at least $100.00 or 10% of his gross monthly income, whichever is greater, 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.
The defendant shall be held jointly and severally liable with co-defendant Sheryl Anntoinette Alexander (Docket No. SACR-10-00145-DOC) for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.
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).
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Karon Dominique Bowser, is hereby committed on Counts 1-3 of the 3-Count First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 204 months.
This term consists of 60 months on Count 1 and 120 months on Count 2 to be served concurrently with each other, and 84 months on Count 3, to be served consecutively to the terms imposed on Counts 1 and 2.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years on Count 1 and 5 years on Counts 2 and 3, all such terms to run concurrently, under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02;
2. The defendant shall cooperate in the collection of a DNA sample from the defendant;
3. 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;
4. 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;
5. The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance Corporation;
6. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the ...