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United States of America v. Edward Showalter

October 10, 2012

UNITED STATES OF AMERICA
v.
EDWARD SHOWALTER
EDWARD RICHARD SHOWALTER; EDWARD RICHARD SHOWALTER, JR.; EDWARD R. SHOWALTER



The opinion of the court was delivered by: U. S. District Judge Andrew J. Guilford

***JUDGMENT ON RE-SENTENCING AFTER MANDATE FROM NINTH CIRCUIT***

Social Security No. 0 4 9 9

(Last 4 digits)

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 10 10 2012

X WITH COUNSEL Roman Darmer, Appointed

(Name of Counsel)

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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Wire Fraud, in violation of 18 USC §1343 as charged in the One Count Information The Court asked whether defendant had anything to say 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 $100, which is due immediately, unless previously paid it will be duly credited.

It is ordered that the defendant shall pay restitution in the total amount of $15,418,500 under 18 U.S.C. §3663A. Defendant shall pay restitution in the amount ordered 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 victims. If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this

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 $500 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

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution. The defendant shall comply with General Order No. 01-05.

Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Edward Showalter, is hereby committed on the Single-Count Information to the custody of the Bureau of Prisons to be imprisoned for a term

The Court recommends that the Bureau of Prisons conduct a medical evaluation of the defendant, specifically including an evaluation of the defendant's skin cancer condition and promptly provide any and all necessary treatment.

Upon release from 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 and General Order 318;

The defendant shall cooperate in the collection of a DNA sample from his person;

During the period of community supervision the defendant shall pay the restitution and special assessment in accordance with this judgment's orders pertaining to such payment;

As directed by the Probation Officer, the defendant shall apply monies received from income tax refunds, lottery winnings, inheritance, judgments, and any other anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and

The defendant shall not engage, as whole or partial owner, employee, or otherwise, in any business involving real estate investment programs of any kind, telemarketing activities, or any other business involving the solicitation of funds or cold-calls to customers without the prior written approval of the Probation Officer before engagement in such employment or business. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists, and other ...


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