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Of America v. (2) Angela Lynette Cody

United States District Court Central District of California

September 18, 2012


The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips

Social Security No. 3 8 3 5

(Last 4 digits)



In the presence of the attorney for the government, the defendant appeared in person on this date. 09 14 2012

(1) Denise Yaniv, Retained

(Name of Counsel)

U GUILTY, and the court being satisfied that there is a factual basis for the plea.


There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Money Launder, in Violation of 18 U.S.C. § 1956(h), as Charged in the Single Count Information.

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 $100, which is due

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 $1,042,866.08, pursuant to 18 U.S.C.

restitution ordered shall be paid as set forth on the list attached to this judgment. If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless

order or percentage payment is specified in this judgment.

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, nominal monthly payments of at least 10 percent of the defendant's gross monthly income or $250, 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.

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does to pay interest. Payments may be subject to penalties for default and delinquency pursuant

The defendant shall be held jointly and severally liable with co-defendant Joe Daniel Cody Jr. and co-

Flores, Sheri Gale and Amy Hall (docket no. ED 10-00027) for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's

for restitution ceases if and when the victims receive full restitution.

The defendant shall comply with General Order No. 01-05.

Pursuant to Guidelines 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 the Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Angela committed on Count 1 of the Information to the custody of the Bureau of Prisons to be of 48 months.

imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office, General Order 05-02, and General Order 01-05, including the three special conditions delineated in General Order 01-05;

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 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;

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

(2) ANGELA LYNETTE CODY Docket No.: ED CR 09-00039VAP

It is further ordered that the defendant surrender herself to the institution designated by the Bureau of Prisons

2, 2012, 12:00 Noon. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at United States District Court, 3470

G122, Riverside, CA 92501.



In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke a violation occurring during the supervision period.

United States District Judge that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

Jim Holmes for Marva Dillard /s/

Filed Date Deputy Clerk

September 19, 2012 By

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 local crime; defendant shall not leave the judicial district without the written

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;

of the court or probation officer; defendant shall report to the probation officer as directed by the or probation officer and shall submit a truthful and complete report within the first five days of each month; defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; defendant shall support his or her dependents and meet other

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;

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

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 unless by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior

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;

change in residence or employment; defendant shall refrain from excessive use of alcohol and shall not possess, use, distribute, or administer any narcotic or other substance, or any paraphernalia related to such substances, except as prescribed by a physician; defendant shall not frequent places where controlled substances

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.

sold, used, distributed or administered;

The defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).


defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or paid in full before the fifteenth (15 ) day after the date of the judgment pursuant to 18th U.S.C. §3612(f)(1). Payments may be subject

for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, however, are not for offenses completed 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 by the United States Attorney's Office. 18 U.S.C. §3613. defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's mailing address or until all 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 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 of payment of 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.

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;

3. Fine;

4. Community restitution, pursuant to 18 U.S.C. §3663(c); and

5. Other penalties and costs.


directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report

(2) 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 line of credit without prior approval of the Probation Officer. defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary proceeds deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any

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 of the Probation 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.


Judgment and Commitment as follows: on to on appeal on on

Defendant's appeal determined on

on to

the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal


Date Deputy Marshal


attest and 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

Clerk, U.S. District Court


Filed Date Deputy Clerk


Upon a finding of 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.

These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

Defendant Date

U. S. Probation Officer/Designated Witness Date


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