The opinion of the court was delivered by: Terry J. Hatter, Jr., U. S. District Judge
Social Security No. 2 7 6 5
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. OCT. 22 2012
X WITH COUNSEL John Littrell, DFPD
GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO X NOT CONTENDERE GUILTY
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Commit Bank Fraud in violation of Title 18 United States Code, Section 1349, as charged in the Count 1 of the Second Superseding Indictment.
Bank Fraud, Aiding and Abetting in violation of Title 18 United States Code, Section 1344, (1), 2, as charged in the Counts 2 & 3 of the Second Superseding Indictment. Access Device Fraud, Aiding and Abetting in violation of Title 18 United States Code, Section 1029(a)(2),2, as charged in the Count 5 of the Second Superseding Indictment.
Aggravated Identity Theft in violation of Title 18 United States Code, Section 1028A(a)(1), as charged in the Counts 6 & 7 of the Second 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: 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: Seventy-six (76) months
The Court ORDERS the defendant to pay to the United States a special assessment of $600.00, to the Clerk of the Court, 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 in the total amount of $299,022.70 pursuant to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as follows:
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 defendant's gross monthly income, but not less than $100, whichever is greater, 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 amount of restitution ordered shall be paid as set forth on the list attached to this judgment.
The defendant shall be held jointly and severally liable with the co-participants Sedrick Bagby (CR11-01067-DSF), to the extent and for the amount that each is determined liable for the same victim losses. 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).
The defendant shall comply with General Order No. 01-05.
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 Court has entered a money judgment of forfeiture against the defendant, which is, hereby, incorporated by reference into this
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, DOREN HAROLD WARD, is, hereby, committed on Counts 1, 2, 3, 5, 6, and 7 of the Second Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a total term of 76 months.
This term consist of 52 months on each of Counts 1, 2, 3, and 5, are to be served concurrently with each other, and 24 months on each of Counts 6 and 7, to be served concurrently with each other but consecutively to the terms imposed on Counts 1, 2, 3, and 5. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years each on Counts 1, 2, and 3, three years on Count 5, and one year on each of Counts 6 and 7, all such terms to run concurrently 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 01-05. . During the period of community supervision the defendant shall pay the special assessment and ...