Opinion
Case Number: 10CRI863-LAB
08-30-2012
UNITED STATES OF AMERICA v. DANIEL JOHN SCHUETZ (2) UNITED STATES OF AMERICA, Plaintiff, v. BRIAN ANDREW LA PORTE (1), DANIEL JOHN SCHUETZ (2), MICHAEL WAYNE WICKWARE (3), ROXANNE YVETTE HEMPSTEAD (4), DARRYL ANTHONY WALLACE (5), aka Darryl Anthony White, TERRENCE SMITH (6), aka Terry Lee Smith, Defendants.
PATRICK Q. HALL Defendant's Attorney
AMENDED JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
PATRICK Q. HALL
Defendant's Attorney
REGISTRATION NO. 19873298 [X] Correction of Sentence for Clerical Mistake (Fed. R. Crim. P.36)(restitution; fine; conditions)
THE DEFENDANT: [X] pleaded guilty to count(s) ONE OF THE INDICTMENT [ ] was found guilty on count(s)_____________________________________________ after a plea of not guilty.
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):
+-----------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Count Number(s) ¦ +--------------------+--------------------------------+-----------------¦ ¦18 USC 1343 and 1349¦CONSPIRACY TO COMMITT WIRE FRAUD¦ ¦ +-----------------------------------------------------------------------+
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. [ ] The defendant has been found not guilty on count(s)_______________________ [X] Count(s) remaining is[ ] are[X] dismissed on the motion of the United States. [X] Assessment: $100.00 [X] Fine $20,000.00 [ ] Forfeiture pursuant to order filed __________________, included herein.
IT IS 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. If ordered to pay restitution, the defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances.
JUNE 6, 2011
Date of Imposition of Sentence
________________________
HON. LARRY ALAN BURNS
UNITED STATES DISTRICT JUDGE
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of
12 MONTHS
[ ] Sentence imposed pursuant to Title 8 USC Section 1326(b). [X] The court makes the following recommendations to the Bureau of Prisons:
PLACEMENT IN THE LOMPOC CAMP[X] 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 ___________________ [] a.m. [] p.m. on ______________________ .[ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
as notified by the United States Marshal.
[] _____________________________________________
[] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Office.
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 UNITED STATES MARSHAL
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of:
3 YEARS
The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime.
For offenses committed on or after-September 13, 1994:
The defendant shall not illegally possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter as determined by the court. Testing requirements will not exceed submission of more than __ drug tests per month during the term of supervision, unless otherwise ordered by court. [ ] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.) [X] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. [X] The defendant shall cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of the DNA Analysis Backing Elimination Act of 2000, pursuant to 18 USC sections 3563(a)(7) and 3583(d). [ ] The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.) [ ] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.
The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.
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 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 his or 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 substances, 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 him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of 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; and
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.
SPECIAL CONDITIONS OF SUPERVISION
[X] Submit person, residence, office or vehicle to a search, conducted by a United States Probation Officer at a reasonable time and in a reasonable manner; failure to submit to a search may be grounds for revocation; the defendant shall warn any other residents that the premises may be subject to searches pursuant to this condition. [ ] If deported, excluded, or allowed to voluntarily return to country of origin, not reenter the United States illegally and report to the probation officer with 24 hours of any reentry to the United States; supervision waived upon deportation, exclusion or voluntary departure. [ ] Not transport, harbor, or assist undocumented aliens. [ ] Not associate with undocumented aliens or alien smugglers. [ ] Not reenter the United States illegally. [X] Not enter the Republic of Mexico without written permission of the Court or probation officer. [ ] Report all vehicles owned or operated, or in which you have an interest, to the probation officer. [ ] Not possess any narcotic drug or controlled substance without a lawful medical prescription. [ ] Not associate with known users of, smugglers of, or dealers in narcotics, controlled substances, or dangerous drugs in any form. [X] Notify the Collections Unit, United States Attorney's Office, of any interest in property obtained, directly or indirectly, including any interest obtained under any other name, entity, including a trust, partnership or corporation, until restitution is paid in full. [ ] Take no medication containing a controlled substance without valid medical prescription, and provide proof of prescription to the probation officer, if directed. [X] Provide complete disclosure of personal and business financial records to the probation officer as requested. [X] Be prohibited from opening checking accounts or incurring new credit charges or opening additional lines of credit without approval of the probation officer. [ ] Seek and maintain full time employment and/or schooling or a combination of both. [X] The defendant may travel for business with the permission of the probation officer. [ ] Complete hours of community service in a program approved by the probation officer within [ ] Reside in a Residential Reentry Center (RRC) as directed by the probation officer for a period of 6 MONTHS (PUNITIVE) [ ] Comply with the conditions of the Home Confinement Program for a period of months and remain at your residence except for activities or employment as approved by the court or probation officer. [X] Notify the Collections Unit, United States Attorney's Office, before transferring any interest in any property owned directly or indirectly by him, including any interest held or owned under any other name or entity, including trusts, partnerships or corporations, until restitution is paid in full.
RESTITUTION
The defendant shall pay restitution in the amount of $80,000.00 unto the United States of America.
This sum shall be paid _ immediately.The Court has determined that the defendant does not have the ability to pay interest. It is ordered that: X The interest requirement is waived. The interest is modified as follows:
X as follows:
"SEE ATTACHED ORDER"
Case No. 10CR1863-LAB
ORDER OF RESTITUTION
IT IS ORDERED that defendants pay restitution in the amount of $80,000 through the Clerk, U.S. District Court, to Litton Loan Servicing on behalf of GSAMP Trust 2006-HE1. Brian Andrew La Porte, Daniel John Schuetz, Michael Wayne Wickware, Roxanne Yvette Hempstead, Darryl Anthony Wallace, and Terrence Smith is each jointly and severally liable for restitution in the amount of $80,000. The payment schedule set forth herein does not foreclose the United States from exercising all legal actions, remedies, and process available to it to collect the restitution judgment.
In addition to collection actions which may be taken by the United States, it is further ordered that during the period of incarceration, restitution, if not paid forthwith, be paid through the Inmate Financial Responsibility Program at the rate of $25 per quarter, with the balance to be collected by the United States in accordance with law and pursuant to payment plans established by each defendant's supervising probation officer.
Until restitution has been paid, each defendant shall notify the Clerk of the Court and the United States Attorney's Office of any change in the defendant's mailing or residence address, no later than thirty (30) days after the change occurs.
IT IS SO ORDERED.
________________________
HONORABLE LARRY ALAN BURNS
United States District Judge