Opinion
Criminal Number: 2:07CR00549
08-08-2011
UNITED STATES OF AMERICA v. ANGELA VENITA BINGHAM (Defendant's Name)
Alexandra Negin, AFD Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)
(For Offenses committed on or after November 1, 1987)
Alexandra Negin, AFD
Defendant's Attorney
THE DEFENDANT:
[√ ] admitted guilt to violation of charges 1, 2, and 3 as alleged in the violation petition filed on 6/1/2011.
[ ] was found in violation of condition(s) of supervision as to charge(s)_____after denial of guilt, as alleged in the violation petition filed on _______ .
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following violations:
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Date Violation Occurred ¦ +------------------+--------------------------------+-------------------------¦ ¦ ¦Failure to Participate in a ¦ ¦ ¦Charge 1 ¦Cognitive Behavioral Treatment ¦May 2011 ¦ ¦ ¦Program as Directed by the ¦ ¦ ¦ ¦Probation Officer ¦ ¦ +------------------+--------------------------------+-------------------------¦ ¦ ¦Failure to Participate in Mental¦ ¦ ¦Charge 2 ¦Health Counseling as Directed by¦May 2011 ¦ ¦ ¦the Probation Officer ¦ ¦ +------------------+--------------------------------+-------------------------¦ ¦ ¦Failure to Participate in Home ¦ ¦ ¦Charge 3 ¦Detention with Electronic ¦May 2011 ¦ ¦ ¦Monitoring as Instructed by the ¦ ¦ ¦ ¦Probation Officer ¦ ¦ +-----------------------------------------------------------------------------+
The court: [√ ] revokes: [ ] modifies: [ ] continues under same conditions of supervision heretofore ordered on 4/09/2009.
The defendant is sentenced as provided in pages 2 through _5_ of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[√ ] Charge 4 is dismissed.
Any previously imposed criminal monetary penalties that remain unpaid shall remain in effect.
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.
7/14/2011
Date of Imposition of Sentence
_______________
Signature of Judicial Officer
MORRISON C. ENGLAND , JR., United States District Judge
Name & Title of Judicial Officer
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 3 months.
[√ ] The court makes the following recommendations to the Bureau of Prisons:
The Court recommends that the defendant be incarcerated in a the Dublin, California facility, but only insofar as this accords with security classification and space availability.
[√ ] 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.
[ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[ ] before _ on __.
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Officer.
If no such institution has been designated, to the United States Marshal for this district.
RETURN
I have executed this judgment as follows:
Defendant delivered on ________________ to ___________________ at _________________,with a certified copy of this judgment.
__________________
UNITED STATES MARSHAL
By______________
Deputy U.S. Marshal
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.
+-----------------------------------+ ¦ ¦Assessment¦Fine¦Restitution¦ +-------+----------+----+-----------¦ ¦Totals:¦$ 100.00 ¦$ ¦$ 11,051.23¦ +-----------------------------------+
[ ] The determination of restitution is deferred until ______ . An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
[√ ] The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned 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 before the United States is paid.
+-----------------------------------------------------------------------------+ ¦Name of Payee ¦Total Loss* ¦Restitution Ordered ¦Priority or Percentage ¦ +----------------+-------------+---------------------+------------------------¦ ¦Internal Revenue¦ ¦ ¦ ¦ ¦Service MS: ¦ ¦ ¦ ¦ ¦51985 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Attention: Don ¦ ¦ ¦ ¦ ¦Anderson Post ¦$8,335.00 ¦$8,335.00 ¦ ¦ ¦Office Box 12997¦ ¦ ¦ ¦ ¦Fresno, ¦ ¦ ¦ ¦ ¦California 93779¦ ¦ ¦ ¦ ¦Re: Angela ¦ ¦ ¦ ¦ ¦Venita Bingham ¦ ¦ ¦ ¦ +----------------+-------------+---------------------+------------------------¦ ¦Santa Barbara ¦ ¦ ¦ ¦ ¦Bank & Trust ¦ ¦ ¦ ¦ ¦Attention: ¦ ¦ ¦ ¦ ¦Restitution Post¦ ¦ ¦ ¦ ¦Office Box 1270 ¦$2,716.23 ¦$2,716.23 ¦ ¦ ¦Solana Beach, ¦ ¦ ¦ ¦ ¦California 92075¦ ¦ ¦ ¦ ¦Re: Angela ¦ ¦ ¦ ¦ ¦Venita Bingham ¦ ¦ ¦ ¦ +----------------+-------------+---------------------+------------------------¦ ¦TOTALS: ¦$ 11,051.23 ¦$ 11,051.23 ¦ ¦ +-----------------------------------------------------------------------------+
[] Restitution amount ordered pursuant to plea agreement $ _________
[ ] The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine 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 6 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:
[√ ] The interest requirement is waived for the [ ] fine [√ ] restitution
[ ] The interest requirement for the [ ] fine [ ] restitution is modified as follows:
** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.
[ ] If incarcerated, payment of the fine is due during imprisonment at the rate of not less than $25 per quarter and payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program.
[ ] If incarcerated, payment of restitution is due during imprisonment at the rate of not less than $25 per quarter and payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program.
SCHEDULE OF PAYMENTS
Payment of the total fine and other criminal monetary penalties shall be due as follows:
A [ ] Lump sum payment of $ ________ due immediately, balance due
[ ] not later than ________ , or
[ ] in accordance with [ ] C,[ ] D,[ ] E, or [ ] F below; or
B [√ ] Payment to begin immediately (may be combined with [ ] C, [ ] D, or[ ] F below); or
C [ ] Payment in equal ________ (e.g., weekly, monthly, quarterly) installments of $ ______________ over a period of ________ (e.g., months or years), to commence _______ (e.g., 30 or 60 days) after the date of this judgment; or
D [ ] Payment in equal __________ (e.g., weekly, monthly, quarterly) installments of $ __________ over a period of ______(e.g., months or years), to commence _______ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or
E [ ] Payment during the term of supervised release will commence within ________ (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or
F [ ] Special instructions regarding the payment of criminal monetary penalties:
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during 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.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[ ] Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate:
[ ] 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:
Payments shall be applied in the following order: (1) assessment; (2) restitution principal; (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including costs of prosecution and court costs.