The opinion of the court was delivered by: U. S. District Judge Gary Allen Feess
Social Security No. 8 1 2 3
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 05 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:
Wire Fraud in violation of 18 U.S.C. 1343 § as charged in Count One 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 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:
Pursuant to the March 20, 2013 Mandate of the Ninth Circuit Court of Appeals vacating defendant's sentence, entered on May 10, 2012, the defendant is hereby resentenced as follows:
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 Responsibility Program.
It is ordered that the defendant shall pay restitution in the total amount of $100,000 pursuant to the 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 restitution remains unpaid after release from custody, monthly installments of at least 10% of defendant's gross monthly income, but not less than $200, whichever is greater, during the period of supervised release and shall begin 30 days after the commencement of supervision.
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.
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
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Kevin William Durnell, is hereby committed on Count One of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term thirty (30) months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years under ...