Opinion
Ronald Tyler, Assistant Federal Public Defender, Defendant's Attorney.
JUDGMENT IN A CRIMINAL CASE
MAXINE CHESNEY, District Judge.
THE DEFENDANT:
[x] admitted guilt to violation of condition(s) that he not commit any new Federal, state or local crime of the term of supervision.
[] was found in violation of condition(s) ___ after denial of guilt.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Date Violation Violation Number Nature of Violation Occurred 1 Committed new Federal, state or 11/3/2003 local crime
The defendant is sentenced as provided in pages 2 through 10 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[] The defendant has not violated condition(s) ___ and is discharged as to such violation(s) condition.
IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 15 months.
[x] The Court makes the following recommendations to the Bureau of Prisons: That the defendant be placed in a facility as close as possible to the San Francisco Bay Area to allow for family visits and that while in custody, the defendant, if eligible, be placed in a drug treatment program.
[] The defendant is remanded to the custody of the United States Marshal.
[] The defendant shall surrender to the United States Marshal for this district.
[] at ___ on ___.
[] as notified by the United States Marshal.
[x] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[x] before 2:00 pm on 6/9/2004.
[x] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Officer.
RETURN
I have executed this judgment as follows:
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments directly following the Monetary Penalties section.
Assessment Fine Restitution Totals: $ $ $ 18, 342.76
[] The determination of restitution is deferred until _. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
[x] The defendant shall make restitution (including community restitution) to the following payees in the amounts listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid in full prior to the United States receiving payment.
Totals: $_ $ 18, 342.76
[] If applicable, restitution amount ordered pursuant to plea agreement $_
[] The defendant shall pay interest on any fine or restitution of more than $2, 500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 5, Part B may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
[] The court determined that the defendant does not have the ability to pay interest, and it is ordered that:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:
Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court, unless otherwise directed by the court, the probation officer, or the United States attorney.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[] Joint and Several
Case Number Joint and Several (including Defendant Defendant Name Amount Number)
[] The defendant shall pay the cost of prosecution.
[] The defendant shall pay the following court cost(s):
[] The defendant shall forfeit the defendant's interest in the following property to the United States.