Opinion
Case Number: 12-mj-01055-MEH-1
08-13-2012
UNITED STATES OF AMERICA v. SANDRA MANLOVE
Virginia Grady (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
Virginia Grady
(Defendant's Attorney)
THE DEFENDANT: Pleaded guilty to Counts 1, 2, and 3 of the Information. The defendant is adjudicated guilty of this offense:
+-----------------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Offense Ended ¦Counts ¦ +-----------------+----------------------------------+---------------+--------¦ ¦ ¦ ¦5/31/2008 ¦ ¦ ¦Title 38 U.S.C. §¦Fraudulent Acceptance of Payments ¦ ¦1, 2, ¦ ¦6102(b) ¦from the Department of Veterans ¦4/2/2009 ¦and 3 ¦ ¦ ¦Affairs ¦ ¦ ¦ ¦ ¦ ¦3/2/2010 ¦ ¦ +-----------------------------------------------------------------------------+
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.
It is ordered that the defendant must 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. If ordered to pay restitution, the defendant must notify the court and United States Attorney of material changes in economic circumstances.
It is further ordered that the Addendum to this judgment, which contains the defendant's social security number, residence address and mailing address, shall be withheld from the court file and retained by the United States Probation Department.
August 13, 2012
Date of Imposition of Judgment
Michael E. Hegarty
Signature of Judge
Michael E. Hegarty, U.S. Magistrate Judge
Name & Title of Judge
PROBATION
The defendant is hereby placed on probation for a term of 24 months for each count, to run concurrently.
The defendant shall not commit another federal, state, or local crime.
The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer, unless the defendant is in compliance with the periodic payment obligations imposed pursuant to the Court's judgment and sentence.
The defendant shall not possess a firearm as defined in 18 U.S.C § 921.
If this judgment imposes a fine or restitution, it is a condition of probation that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.
The Court waives the mandatory drug testing provisions of 18 U.S.C. § 3563(a)(5), because the presentence report indicates a low risk of future substance abuse by the defendant.
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page. (set forth below).
STANDARD CONDITIONS OF SUPERVISION
1) The defendant shall not leave the judicial district without the permission of the court or probation officer. 2) The defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month. 3) The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. 4) The defendant shall support her dependents and meet other family responsibilities. 5) The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons. 6) The defendant shall notify the probation officer at least ten days prior to any change in residence or employment. 7) The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance, or any paraphernalia related to any controlled substance, except as prescribed by a physician. 8) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered. 9) The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer. 10) The defendant shall permit a probation officer to visit her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer. 11) The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer. 12) The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court. 13) As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement. 14) The defendant shall provide the probation officer with access to any requested financial information.
MONETARY OBLIGATIONS
The defendant must pay total monetary obligations under the schedule of payments set forth below.
+------------------------------------------+ ¦Count ¦Assessment ¦Fine ¦Restitution ¦ +--------+------------+------+-------------¦ ¦1 ¦$25.00 ¦$0.00 ¦ ¦ +--------+------------+------+-------------¦ ¦2 ¦$25.00 ¦$0.00 ¦ ¦ +--------+------------+------+-------------¦ ¦3 ¦$25.00 ¦$0.00 ¦ ¦ +--------+------------+------+-------------¦ ¦TOTALS ¦$75.00 ¦$0.00 ¦$28,596.00 ¦ +------------------------------------------+
* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18, United States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996.
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total monetary obligations is due as follows:
The special assessment fee is payable immediately. The balance of the monetary obligations shall be paid in monthly installment payments calculated as at least 10 percent of the defendant's gross monthly wages.
As directed by the probation officer, the defendant shall apply any monies received from income tax refunds, lottery winnings, inheritances, judgments, and any anticipated or unexpected financial gains to the outstanding court ordered financial obligation in this case.
All monetary obligation payments, 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 monetary obligations imposed.
Payments shall be applied in the following order: (1) special assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) penalties.