United States District Court Central District of California
June 11, 2012
TATES OF AM ERICA
ANTHONY DONNEL FULLERNY DAVID WOODS
Social Security No. 1 3 8 8 (Last 4 digits)
JUDGM ENT AND PROBATION/COM M ITM ENT ORDER
M ONTH DAY YEAR
the presence of the attorney for the government, the defendant appeared in person on this date. 06 11 12
Larry Bakman, appointed
(Name of Counsel)
GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO NOT GUILTY
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Wire and Bank Fraud Conspiracy, in violation of 18 U.S.C. 1349, as charged in Count One (1) of the Indictment; Bank Fraud, Aiding and Abetting and Causing an Act to be Done, in violation of 18 U.S.C. 1344, as charged in Counts Five (5) and Count Six (6) 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: ONE (1) DAY, TIM E SERVED. This term consists of one day on each of Counts One, Five, and Six of the Indictment, to be served concurrently.
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.
Pursuant to Section 5E1.2(e), all fines are waived, including costs of imprisonment & supervision. The Court finds the defendant does not have the ability to pay.
It is ordered that the defendant shall pay restitution in the total amount of $1,400 pursuant to 18 U.S.C. § 3663A 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 by the probation officer, shall remain confidential to protect the privacy interests of the victims.
Restitution shall be paid in full immediately.
The defendant shall be held jointly and severally liable with co-defendants Kenneth Joseph Lucas and Franklin Anthony Ragsdale for 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.
The defendant shall comply with General Order No. 01-05.
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, Five, and Six of the Indictment, all such terms to run concurrently under the following terms and conditions:
Anthony Donnel Fuller Docket No.: CR 09-1005-VBF-30
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order
2. 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.
3. The defendant shall cooperate in the collection of a DNA sample from the defendant.
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 participate for a period of six months in a home detention program which may include electronic monitoring, GPS, Alcohol Monitoring Unit or automated identification systems and shall observe all rules of such program, as directed by the Probation Officer. Home Detention shall not exclude Defendant from employment, attending medical treatment of for himself and his family, care of his family (including his new born daughter), and/or religious services. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment.
6. The defendant shall pay the costs of Location Monitoring to the contract vendor, not to exceed the sum of
$12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer.
7. 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 legal name or names without the prior written approval of the Probation Officer.
8. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.
Defendant is advised of his appeal right.
Bond is exonerated.
to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation
Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend f supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue revoke supervision for a violation occurring during the supervision period.
ate U. S. District Judge
that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified
Clerk, U.S. District Court
s/ Joseph Remigio
iled Date Deputy Clerk
Anthony Donnel Fuller Docket No.: CR 09-1005-VBF-30
ant shall comply with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment:
defendant shall not commit another Federal, state or
10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;
defendant shall not leave the judicial district without the permission of the court or probation officer;
defendant shall report to the probation officer as by the court or probation officer and shall submit and complete written report within the first five
11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;
days of each month; defendant shall answer truthfully all inquiries by the officer and follow the instructions of the
12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;
probation officer; defendant shall support his or her dependents and meet
13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;
responsibilities; defendant shall work regularly at a lawful occupation excused by the probation officer for schooling, training, or other acceptable reasons; defendant shall notify the probation officer at least 10
14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement;
any change in residence or employment; defendant shall refrain from excessive use of alcohol shall not purchase, possess, use, distribute, or any narcotic or other controlled substance, or paraphernalia related to such substances, except as by a physician; defendant shall not frequent places where controlled are illegally sold, used, distributed or
15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;
16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.
The defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS
defendant shall pay interest on a fine or restitution of more than
$2,500, unless the court waives interest or unless the fine or
restitution the fifteenth (15 ) day after the date of the judgment
pursuant to 18th
U.S.C. §3612(f)(1). Payments may be subject to
delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties
pertaining to restitution, however, are not applicable for offenses
prior to April 24, 1996.
all or any portion of a fine or restitution ordered remains unpaid
after the termination of supervision, the defendant shall pay the
balance the United States Attorney's Office. 18 U.S.C.
defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's mailing address or residence fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).
defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change in the economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The Court also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust the manner
a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and for probation 18 U.S.C. §3563(a)(7).
Payments shall be applied in the following order:
1. Special assessments pursuant to 18 U.S.C. §3013;
2. Restitution, in this sequence: Private victims (individual and corporate), Providers of compensation to private victims, The United States as victim;
4. Community restitution, pursuant to 18 U.S.C. §3663(c); and
5. Other penalties and costs.
SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE
directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate financial statement, with documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not apply for any loan or open any prior approval of the Probation Officer.
The defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary proceeds into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any shall be disclosed to the Probation Officer upon request.
defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without approval Officer until all financial obligations imposed by the Court have been satisfied in full.
These conditions are in addition to any other conditions imposed by this judgment.
I have executed the within Judgment and Commitment as follows:
on appeal on
designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
United States Marshal
Date Deputy Marshal
certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my legal
Clerk, U.S. District Court
Filed Date Deputy Clerk
FOR U.S. PROBATION OFFICE USE ONLY
violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
(3) modify the conditions of supervision.
conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
U. S. Probation Officer/Designated Witness Date
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