The opinion of the court was delivered by: David O. Carter, United States District Judge
Social Security No. 2 1 8 0
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 05 17 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:
18 U. S.C. § 371: Conspiracy; 18 U. S.C. § 1344(1) Bank Fraud; and 18 U. S.C. § 1028A(a)(1): Aggravated Identity Theft as charged in Count One, Count Three and Count Twelve of the First Superseding 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 $300.00, 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 victim pursuant to 18 U.S.C. § 3663A.
Restitution shall be due during the period of imprisonment, at the rate of not less than $25.00 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, nominal monthly payments of at least $100.00 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 present 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 convicted co-defendant Irina Emilova Shegunova for $36,620.00 of the amount of restitution ordered in this judgment, and with convicted co-defendant Margarita Popova for $6,900.00 of the amount of restitution ordered in this judgment. 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 receives 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 Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that she is unable to pay and is not likely to become able to pay any 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, Metodi Atanassov, is hereby committed on Counts 1, 3, and 12 of the 19-Count First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 57 months. This term consists of 33 months on each of Counts 1 and 3, to be served concurrently, and 24 months on Count 12, to be served consecutively to the terms imposed on Counts 1 and 3.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consist of three years on Count 1, five years on Count 3, and one year on Count 12, all to run concurrently under the following terms and
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02, including that the defendant shall not commit any violation of local, state, or federal law or ordinance;
The defendant shall cooperate in the collection of a DNA sample from his person;
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 her true legal name or names without the prior written approval of the Probation Officer;
The defendant shall comply with the immigration rules and regulations of the United States, and if deported or removed from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the ...