United States v. DENNIS

2:10-cr-00257 | E.D. Pa. | Mar 23, 2011

€tsr\{) 2455 (Rev. {16!05) Ji.idgmenl i'_rl aCriminal Casc Sheet l kaql\ UNHEDSLMESDBTMCTCOUKF Eastem District of Pennsylvania UNlTi~:D sTATEs OF AMERICA JUDGMENT IN A CRIMINAL CASE V. SHATONYA _DENNIS Fl L ED case Numbcr: DPAEz; i 0cR000257-001 MAR 2 3 20" USM Number; 65760_066 MICHAEL Pati'icia M. Hamil|, Esq. sy"--.._EEUNZ cum Del'endam‘s Auomey THE DEFENI)ANT= ' 9"" X pleaded guilty to count(s) 1,2 and 3 l:l pleaded nolo contendere to count(s) which was accepted by the court. [:| was found guilty on count(s) after a plea ofnot guilty, The defendant is adjudicated guilty of these offenses: Title & Section Nature of Offense Offense Ended Count 18:1029(b)(2) CONSPIRACY TO COMMIT ACCESS DEVICE FRAUD 04/30!2009 l 18:1029(a)(2) and 2 ACCESS DEVICE FRAUD AND AIDING AND ABETTTNG 10f31f2008 2 IS: 1028A(a)(1), (c)(4), AGGRAVATED IDENTITY THEFT AND AIDING AND 09)’25)’2008 3 and 2 ABETTING The defendant is sentenced as provided in pages 2 through 7 of this judgment The sentence is imposed pursuant to the Sentencing Refoi'm Act of 1984. |:] The defendant has been found not guilty on connt(s) I:| Count(s) l:l is l:] are dismissed on the motion of the United States. _ _ lt is ordered that the defendant _must notify the United States attorney for this district within 30 da s of any change of naine. residence, or mailin address until_all fines, restitution,_costs, and special assessments imposed by this judgmentai'e fu ly paid. If ordered to pay testitution, the defen ant must notify the court and United States attorney of material changes in economic circumstances March 22, 2011 Date ot`lmposition of]udgment 'mt/.,A¢ 7}'11, Si'gnature ofJ ge Ma A. McLau hlin United States District Judge Name and Tit|e ot'Judge Z/Q>H/ Dale AO 2453 (Rev. 06!05) Judgment in Criniina| Case Sheet 2 _ [niprisonmcnl Judgment _ Page 2 of DEFENDANT: SHATONYA DENNIS CASE NUMBER: DPAEZ: l_UCR00025 ?-001 IMPRISONMENT The defendant is hereby committed to the custody of the United S`tates Bureau of Prisons to be imprisoned for a total term of: 1 HOUR ON COUNTS l AND 2 TO BE SERVED CONCURRENTLY AND 7 HOURS ON COUNT 3 TO BE SERVED CONSECUTIVELY WITH COUNTS 1 AND 2 FOR A TOTAL OF 1 DAY IN THE CUSTODY OF THE U.S. MARSHAL TO BE SERVED ON MARCH 24, 201 l. l:lThe court makes the following recommendations to the Bureau ofPrisons: I:]The defendant is remanded to the custody of the United States Marshal. [lThe defendant shall surrender to the United States Marshal for this district: [:l at i:l a.rn. l:[ p.m. on |:l as notified by the United States Marslial. l:lThe defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: 1:1 before 2 p.m. on |:l as notified by the United Stales Marshal. ll 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 UNI'I`ED STATES MARSHAL By DEPUTY UNI'[`ED S'I`A']`ES MARSHAL no 2453 (Rcv. aaron iudgm¢m in a criminal ease Sheet 3 - Supervised Release i' ud gmc nt-Page 3 of 1 DEFENDAN'I`: SHATONYA DENNIS CASE NUMBER: DPAEZ: l UCRUOOZS?-()Ol SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of: 3 YEARS ON EACH OF COUNTS l AND 2 AND 1 YEAR ON COUNT 3 ALl., TO RUN CONCURRENTLY WITH EACH OTHER FOR A TOTAL OF 3 YEARS SUPERVISED RELEASE. 'I`HE DEFENDANT IS TO SPEND 6 MONTHS OF SUPERVISED RELEASE IN HOME CONFINEMENT WI'I`H ELECTRONIC MONlTORlNG AND DEFENDANT IS TO PAY THE COST OF ELECTRONIC MONITORING. The defendant must report to the probation office iri the district to which the defendant is released within ?2 hours of release from the custody ofthe Bureau of Prisons. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfull possess a controlled substance The defendant shal_l refrain from any unlawful use of a controlled substance. The defendant shall su mit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court. |:l 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, ifapplicable.) X The defendant shall not possess a firearm, ammunition, destructive device1 or any other dangerous weapon. (Check, if applicable.) X The defendant shall cooperate in the collection of DNA- as directed by the probation officer (Check, if applicable.) |:] 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.) |:l The defendant shall participate in an approved program for domestic violence. (Check, if applicable.) Ifthistjudgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the S_cliedu le o Payments sheet of this judgment 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. ‘ STANDARD CONDITIONS OF SUPERVISION l) the defendant shall not leave the judicial district without the permission of the court or probation officer; 2) the ft]iefend]r;int shall report to the probation officer and shall submit a truthful and complete written report within the first five days of eac mont _; 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 en aged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the pro ation officer; 10) the defendant shall permit a_ probation officer to visit him or her at any time at horne or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer; ll) the defendant shall notify the probation officer within seventy-two hours of being arrested 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 robation officer, the defendant shall notify_third parties _of` risks that may be occasioned by _the defendant‘s criminal record or ersona _ historyl or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant s compliance with such notification requirement AO 2453 (Rev. 06»'05) _ludgment in a Criminal Case S|ieet 3A _ Supervised Re|ease J le gnie rit_f’a ge 4 of '}' DEFENDANT: SHATONYA DENNIS CASE NUMBER: DPAE2:10CR000257-001 ADDITIONAL SUPERVISE]) RELEASE TERMS COMMUNITY SERVICE, RELIGIOUS SERVICES, MEDICAL CARE, EDUCATIONAL OR TRAINTNG PROGRAM§, AND AT OTHER SUCH TIMES AS MAY BE SPECIFICALLY AUTH_OR]ZED BY THE U.S. PROBATION OFFICE. 'l`HE DEFENDANT SHALI.. PERMIT THE PROBATION OFFICER ACCESS TO THE RESIDENCE AT ALL TIMES THE DEFENDANT SHALL NOT BE EMPLOYED IN ANY POSITION INVOLVlNG DIRECT CONTACT WITH CASH, CREDIT C_ARDS OR FINANCIAL lNFORMATION. THE DEFENDANT SHALL PROVIDE THE U.S. PROBATION OFFICE WITH FULL DISCLOSURE OF HER FINANCIAL RECORDS TO INCLUDE. YEARLY INCOME TAX RETURNS UPON THE REQUEST OF THE U.S. PROBAT]ON OFFICE. THE DEFENDANT SHALL COOPERATE WITH THE PROBATION OFFICER lN THE INV}];§TIG%B$N OF HER FINANCIAL DEALINGS AND SHALL PROVIDE TRUTHFUL MONTHLY STATEMENTS OF R IN E. THE DEFENDANT SHALL PERFORM 100 HOURS OF COMMUNITY SERVICE AT THE DIREC'I`ION AND DIS(§ZA]ESTION OF 'I`HE U.S. PROBATION OFFICE TO BE PERFORMED IN THE ZND YEAR OF SUPERVISED REL E. THE DEFENDANT SHALL SATISFY THE AMOUNT OF RESTITUTION DUE lN MONTHLY lNSTALLMENTS OF $200.00 TO BEGIN AUGUST l, 2011. AO 2453 (Rev. 06105) _ludgment in a Criminal Casc Sheet 5 - Criminal Monetary Penalties Judgmcnt _ Page 5 of 7 DEFENDANT: SHATONYA DENNIS CASE NUMBER: DPAEZ: I 0CR000257-001 CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. A_sses'sment Fine Restitution TOTALS $ 300.00 $ 0 $ 3,749.76 l:l The determination ofrestitution is deferred until . An Amendea' .)'adgmenr in a Cri'mi'naf Case(AO 245C) will be entered after such determination [l The defendant must make restitution (including community restitution) to the following payees iii the amount listed below. lf the defendant makes _a partial payment, each pa ee shall receive an approximately)proé)ortioned payment, unless specified otherwise in the priority order or percentage payment column elow. However, pursuant to 18 vS'. . § 3664(1), all nonfederal victims must be paid before the United States is paid. Name of Payee Total Loss* Restitution Ordered Priority or Percentage BANK OF AMERlCA $2,005.4? $2,005.47 l~ISBC $ l,?44.29 $1,744.29 TOTALS $ 3?49.76 $ 3749.76 |:l Resti'tuti'on amount ordered pursuant to plea agreement $ |:l The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid iii full before the fifieenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default. pursuant to 18 U.S.C. § 3612(g). X The court determined that the defendant does not have the ability to pay interest and it is ordered that: X the interest requirement is waived for the [:| fine X restitution. [:| the interest requirement for the [l fine |:l restitution is modified as follows: “‘ Findings forthe total amount of losses are required under Chapters ID9A, l 10, 1 lOA, and l l_`>A of Title 18 for offenses committed on or after September 13, 1994, but before Apri123, 1996. AO 2453 (R'ev. Doi(]$.)_ Jutlgm`ent in a Criminal Casc Sheet 5A _ Criminal Monetary Pcnalties Judgmcnt_l’agc g of 1 DEFENDANT: SHATONYA DENNIS CASE NUMBER: DPAEZ: 10CR000257-001 ADDITIONAL TERMS FOR CRINIINAL MONETARY PENALTIES THE AMOUNTS ORDERED REPRESENT THE TOTAL AMOUN'I` DUE TO THE VICTIMS _FOR TI-lESE LOSSES. Tl-IE DEFENDANT'S REST]TUTION OBLIGATIONS Sl-IALL NOT BE AFFECTED BY ANY RESTI'I`UTION MICHAI:`,L LEWIS, CR 09-655-01 CANTRELL FLETCHER, CR 09-655-02 KEITH PEARSALL, CR 09-655-_03 ABDUL CUNNINGHAM, CR 09-552-01 AO 24513 {Rev. 06»’05) ludgmcnt in a Crimina| Case Sheet 6 - Schedule of Payments Judgmcnt _ Pagc 'i' of 7 DEFENDANT: SHATONYA DENNIS CASE NUMBER: DPAEZ: l 0CR000257-001 SCHEDULE OF PAYMENTS Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows: A X Lump sum payment of$ 300.00 due immediately, balance due |:] not later than , or X in accordance [:| C, [:] D1 [i E., or X F below; or [:| Payment to begin immediately (may be combined with |:] C, l:| 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 ofthis judgment; or l) |:] 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 ofsupervised 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 X Special instructions regarding the payment of criminal monetary penalties: THE SPECIAL ASSESSMENT IS DUE IMMEDIATELY. THE RESTITUTION lS DUE IMMEDIATELY. THE g§f(i}El§\lS%F;N;o§ll~lALL SATISFY THE RESTITUTION DUE IN MONTl-ILY TNSTALLMENTS OF $200.00_BEG1NNING ON _Unle_ss the court has expressl ordered otherwise, if th is judgment imposes imprisonment, a§ment of criminal monetary penalties is due during imprison_m_ent. All crimina moneta penalties, except those payments made throug t e F ederal Bureau of Prisons’ lnmate Financia Responsibility Program, are made tot e clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. |:1 Joiiit and Several Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Severa| Amourit, and corresponding payee, if appropriate |:| The defendant shall pay the cost of prosecution. l:l The defendant shall pay the following court cost(s): l:l The defendant shall forfeit the defendant’s interest in the following property to the United St_ates: Payments shall be applied in the following order1 (l? assessment, (2) restitution principal, (3) restitution interest,_ (4) fine principal, t (5] fine interest, (6) community restitution, (?) pena ies, and (8) costs, including cost of prosecution and court costs.