The opinion of the court was delivered by: Margaret M. Morrowunited States District Judge
Social Security No. 4 6 5 9
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. 03 04 2013
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:
Count 24: Bank Fraud, Aiding and Abetting and Causing an Act to be Done [18 U.S.C. §§ 1344(2), 2(a)]. Class B
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:
It is ordered that the defendant shall pay to the United States a special assessment of $100, 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
It is ordered that the defendant shall pay restitution in the total amount of $20,500 pursuant to 18 U.S.C. § 3663A.
Defendant shall pay restitution in the total amount $20,500 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.
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, monthly payments of least the greater of $700 or 10 percent of the defendant's gross monthly income shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.
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.
Pursuant to U.S.S.G § 5B1.1(b), a sentence of probation may not be imposed if the offense is a Class B Felony, 18 U.S.C. § 3561(a)(1).
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, James Arthur Booker, is hereby committed on Count 6 of the Indictment, a Class B Felony, to the custody of the Bureau of Prisons for a term of one (1) day.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years, under the following terms and
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 participate for a period of six months in a home detention program which may include electronic monitoring, GPS, or automated identification systems and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without ...