The opinion of the court was delivered by: Dolly M. Gee, United States District Judge
Social Security No. 2 3 8 3
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. FEB 13 2013
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: Conspiracy to Commit Wire Fraud in violation of Title 18 U.S.C. § 1349 as charged in Count One (1) of the Indictment. Money Laundering in violation of Title 18 U.S.C. § 1956(a)(1)(B)(i) as charged in Count Two (2) 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, KENNY JOHNSON,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 placed on PROBATION for a term of ONE (1) YEAR on each of Counts One (1) and Two (2) of the Indictment, all such terms to run concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due
It is ordered that the defendant shall pay restitution in the total amount of $138,000 pursuant to 18 U.S.C. § 3663A. If the amount of restitution cannot be paid in full immediately, the defendant shall pay the restitution in monthly payments of at least 10% of defendant's gross monthly income, but not less than $200, whichever is greater, or as otherwise determined by the Probation Officer based upon the defendant's financial circumstances. These payments shall begin 30 days after the date of this Judgment.
The amount of restitution ordered shall be paid to the victim at the address identified in the parties' stipulation, which is to be filed under seal by no later than February 20, 2013 and will be incorporated herein by this reference.
Pursuant to Guideline Section 5E1.2(a), all fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to 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
The defendant shall comply with General Order No. 01-05.
The defendant, KENNY JOHNSON, is hereby placed on PROBATION for a term of ONE (1) YEAR on each of Counts 1 and 2 of the Indictment, 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 and General Order
The defendant shall not commit any violation of federal, state, or local law or ordinance;
The defendant shall pay the special assessment and restitution in accordance with this Judgment's orders pertaining to such payment;
During the period of probation, the defendant shall perform 200 hours of community service, as directed by the Probation Officer;
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 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 this defendant poses a low risk of future substance abuse.
The Statement of Reasons shall be provided to the United States Probation Office and U. ...