Opinion
Case Number 3:12cr85-001 USM Number 12367-027
11-21-2012
UNITED STATES OF AMERICA Plaintiff v. DEBORAH L YADAVIA Defendant
KURT R EARNST Defendant's Attorney
KURT R EARNST
Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
THE DEFENDANT pleaded guilty to count 1 of the Information on 8/23/2012. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
+---------------------------------------------------------------+ ¦ ¦Date Offense ¦Count ¦ ¦ Title, Section & Nature of Offense ¦ ¦ ¦ ¦ ¦ Ended ¦ Number(s) ¦ +------------------------------------+--------------+-----------¦ ¦18:1709 THEFT OF MAIL BY OFFICER OR ¦ ¦ ¦ ¦ ¦April 2012 ¦1 ¦ ¦EMPLOYEE ¦ ¦ ¦ +---------------------------------------------------------------+ The defendant is sentenced as provided in pages 2 through 7 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 any material change in economic circumstances.
November 19, 2012
Date of Imposition of Judgment
Jon E. DeGuilio
Signature of Judge
Jon E. DeGuilio, United States District Judge
Name and Title of Judge
PROBATION
The defendant is hereby sentenced to probation for a term of 1 Year. The defendant shall not commit another federal, state or local crime. The defendant shall submit to one drug test within 15 days of placement on probation and four (4) periodic drug tests thereafter, as determined by the Court. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer.
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 in the manner and as frequently as directed by the Court or probation officer. 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 within ten (10) days of 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 narcotic or other controlled substance, or any paraphernalia related to such 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 by the probation officer. 11. The defendant shall notify the probation officer within seventy-two (72) 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 pay the special assessment imposed or adhere to a court-ordered installment schedule for the payment of the special assessment. 15. The defendant shall notify the probation officer of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay any unpaid amount of restitution, fines, or special assessments.
SPECIAL CONDITIONS OF PROBATION
The defendant shall participate in a mental health treatment program and shall abide by all program requirements and restrictions. The defendant shall pay all or part of the costs for participation in the program not to exceed the sliding fee scale as established by the Department of Health and Human Services and adopted by this court. The defendant shall provide the probation officer with access to any requested financial information. It is further ordered that the defendant shall pay restitution to the United States District Court Clerk's Office, South Bend, Indiana, which shall be due immediately, to be disbursed to the following victim(s)_(as attached) $410.00. The defendant shall commence restitution payments in the manner and schedule as determined by the Court. The imposed payment schedule will remain in effect until such time as the Court is notified by the defendant, victim, or government that there has been a material change in the defendant's ability to pay. Restitution shall be paid at a minimum rate of $50 per month commencing immediately after placement on supervision until said amount is paid in full. It is further ordered that the defendant shall pay to the United Stats a total special assessment of $100 which shall be due immediately.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth in this judgment.
+---------------------------------------------------+ ¦ Total Assessment ¦ Total Fine ¦ Total Restitution ¦ +------------------+------------+-------------------¦ ¦$100.00 ¦NONE ¦$410.00 ¦ +---------------------------------------------------+
The defendant shall make the special assessment payment payable to Clerk, U.S. District Court, 102 Robert A. Grant Courthouse, 204 South Main Street, South Bend, IN 46601. The special assessment payment shall be due immediately.
FINE
No fine imposed.
RESTITUTION
Restitution in the amount of $410.00 is hereby imposed.
The defendant shall make restitution payments (including community restitution, if applicable) payable to Clerk, U.S. District Court, 102 Robert A. Grant Courthouse, 204 South Main Street, South Bend, IN 46601, for 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.
+---------------------------------------------------------------------------+ ¦ ¦ ¦ ¦Priority Order ¦ ¦ ¦ Total Amount ¦Amount of ¦ ¦ ¦ Name of Payee ¦ ¦ ¦or Percentage ¦ ¦ ¦ of Loss ¦ Restitution Ordered ¦ ¦ ¦ ¦ ¦ ¦of Payment ¦ +-------------------+----------------+---------------------+----------------¦ ¦S. Swanson ¦ ¦$100.00 ¦ ¦ +-------------------+----------------+---------------------+----------------¦ ¦G. Worek ¦ ¦$140.00 ¦ ¦ +-------------------+----------------+---------------------+----------------¦ ¦B. Palmer ¦ ¦$50.00 ¦ ¦ +-------------------+----------------+---------------------+----------------¦ ¦J. Breitzka ¦ ¦$25.00 ¦ ¦ +-------------------+----------------+---------------------+----------------¦ ¦M. McCarthy ¦ ¦$30.00 ¦ ¦ +-------------------+----------------+---------------------+----------------¦ ¦D. Jordan L. Solano¦ ¦$25.00 $40.00 ¦ ¦ +-------------------+----------------+---------------------+----------------¦ ¦Totals ¦ ¦$410.00 ¦ ¦ +---------------------------------------------------------------------------+
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.
List of victims with full names and addresses being forwarded to Financial.
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: A Lump sum payment of $410.00 due immediately, in accordance with B, below; B Payment in equal monthly installments of not less than $50.00, to commence after placement on supervision; The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. 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 cost of prosecution and court costs.
ACKNOWLEDGMENT OF SUPERVISION CONDITIONS
Upon a finding of a violation of probation or supervised release, I understand that the Court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision.
I have reviewed the Judgment and Commitment Order in my case and the supervision conditions therein. These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
(Signed) __________
Defendant
______________________________
U.S. Probation Officer/Designated Witness