Free Judgment Returned Executed - District Court of Arizona - Arizona

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DISTRICTOF ARIZONA
United States of America = ‘
JUDGMENT IN A CRIMINAL CASE
. y_ ‘ {For Oflanses Committed on orA·fter November 1, 1987)
_ Bruce Blumberg (Retained)
Attorney for Defendant
USM#t 82858-008 I P _
THE DEFENDANT ENTERED A PLEA OF guilty on 1I11I2005 to Counts.12, 50 and 71 of the I . . ·. ..
Indictment.
I A ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANTIS GUILTY OF THE,. A . . ..-,.» e.
— -~e FOLLOWING OFFENSE(S): violating Title 18, USC §·1343, Wire Fraud,—a.CIass C-Felony offense, -. .·:-J;.
as charged in Count 12 of the Indictment; 'Iitle 18, USC §3'/1, Conspiracy to Commit Loan Fraud,
a Class D Felony offense, as charged in Count 50 of the Indictment; Title 26, USC 57202, Failure .
to Pay Taxes, a Class D Felony offense, as charged in Count 71 of the Indictment. »
IT IS Tl-IE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the custody
ofthe Bureau of Prisons for a term of NINETY SIX (96) MONTHS. This term consists of FORTY
EIGHT (48} MONTHS on Count 12 and FORTY EIGHT (48) MONTHS on Count 50, said counts to .
run consecutively. The defendant is hereby committed tothe custody ofthe Bureau of Prisons for
a term of FIFTEEN (15) MONTHS on Count 71, said term to run concurrent to Counts 12 and 50.
Upon release from imprisonment, the defendant shall be placed on supervised release for a tenn
of THREE (3) YEARS on Count 12, 50 and 71, said counts to run concurrently.
IT IS FURTHER ORDERED that all remaining counts are dismissed on motion ofthe United States.
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties;
I SPECIAL ASSESSMENT: $300.00 FINE: $25.000.00 RESTITUTION: $365,334.33
Payments will consist of $300.00 per month beginning 60 days following the commencement of supervised release. Full
payment shall be made within 60 days of expiration of supervision. lf incarcerated, payment of criminal monetary penalties F
I are due during imprisonment at a rate of not less than $25.00 per quarter and payment shall be made through the Bureau F
of Prisons‘ Inmate Financial Responsibility Program. Criminal monetary payments shall be made to the Clerk of U.S. District
Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC 1, Phoenix, Arizona 85003-2118. Payments should
be credited to the various monetary penalties imposed by the Court in the priority established under 18 U.S.C. § 3B12(c).
The total special assessment of $300.00 shall be paid pursuant to Title 18, United States Code, Section 3013 for Count 12, -
50 and 71 of the indictment. . .
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f CR 04-00820-001-PCT-FJM Page 2 of 4
1 USA vs. Harvey L. Sloniker Jr.
Any unpaid balance shall become a condition of supervision and shall be paid within 90,days prior to the expiration of
supervision. Until all restitutions, fines, special assessments and costs are fully paid, the defendant shall immediately notify —
the Clerk, U.S. District Coun, of anychangein name and ad_dress. The Court hereby waives-the imposition of interest and l
penalties on any unpaid balances. ` f
L Restitution shall be paid to the following victims in the following amounts:
Western Security Bank, $290,000.00; Union Bank. $74,702.17; Mary M. Strous, $393.16; and
Deborah Sexe, $239.00. ‘ ‘ ‘
· The defendant's restitution obligation shall be paid jointly and severally with the co-defendants in
_ this case until full restitution is paid., _ . a _ I i T . T - . · _
The Court recommends that the hne of $25,000.00 be paid to the United States Postal Inspection T C ”
Service Consumer Fraud Awareness Fund, if possible.
. . . . ._ SUPERVISED RELEASE . , , .
Uiplon release from imprisonment, the defendant is placed on supervised release for a term of
T REE (3) YEARS on Count 12, 50 and Tt, said counts to run consecutively. · g _ M _
i=- =-‘— =-r *i*heidefendant‘shall report·to*th‘ey>robati0n i:rfHee_-ln theidlstrictltewnich ittferdefendant is·relea`sed`·' ’“ ""
within 72 hours of release from the custody ofthe Bureau of Prisons. C ’
Eor offanses committed on or after September 13, 1?94: The defendant shall refrain from any
una luseo acontrol e su stance. ursuantto 8 §3563(a)(5)and 3583(d)the_defendant
shall submit to one drug test wrthrn 15 days of release from rmpnsonment and such other periodic
drug tests thereafter, as directed from time to time by the probation officer.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921. - ‘
g it is_the order of the Court that, pursuant to General Order 05-35, which incorporates the
_ requirements of USSG §§5B1.3 and 5D1.2, you shall comply- with the following condi ions:
_ 1; You shall not commit anotherfederal, state, or local crime during the term of supenrision, T
2 You shall not leave the judicial district or other specified geographic area without the . ·
permission of the Court or probation officer: - _ i . _’ _
, 3) ou shall report to the Probation Qffice as directed by` the Court or probation officer and shall ‘
submit a tru hful and complete wntten report within t e first five daars of each month. T L
4) You shall answer truthfully all inquiries by the probation officer an follow the instructions of ‘ T
the probation officer. , _ `
5; You shall suprport your dependents and meet other family responsibilities. T ‘ .
_ 6 You shall wo_ regutarly at a lawful occupation unless. excused by the probation officer for
· — schoolrnal, trarninal, or o her accaptable reasons.- · T l _ · T T s r
7) Youlsha natify t e probation o rcer at least ten days prior to any change of residence or -
. emp oymen . — T
8) ·You shall refrain from excessive useofalcohol and are suiagect to being prohibited from the use " .
T . of alcohol rf ordered by the Court in a-apecral condition o_ supervision. _ ‘ T · ·Tl- ‘
9} You shall not purchase, possess, use istribute or administer any narcotic or other controlled
substance as defined rn section 102 ofthe Controlled Substances Act gl ‘U.S.C. § BU1)‘0r any · .
. paraphernalia related to such substances, without a prescription y a licensed medical
. pta rtroner. Possession of controlled substances will result rn mandatory revocation of your
erm of supervision.
10) You shall not frequent places where controlled substances are illegally sold, used, distributed
or administered, or other places specined by the Court. · ‘
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USA vs. Harvey L. Slonlker Jr.
11) You shall not associate with any [persons engaged in criminal activity, and shall not associate - -
. gwdtth any person convicted of a elony unless granted permission to do so by the probation ,
. ` j O ' r' ` ' · V . E . A ' ,
12) You shall permit a probation officer to visit at any time at home or elsewhere and shall permit 5 ‘
confiscation of any contraband observed in plain view_by the probation ofhcer. _ _ -»
13) You shall immediately notryy the probation officer (within forty-eight (48) hours rf during a
weekend or on a hols ay) 0 being arrested or questioned by a law enforcement officer. · -
14) You shall not enter into any agreement. to act as an lnformer or a special agent of a law
- enforcement agency withoo the giermission of the Court. _ __ ‘ _- - .- ¤ -
15) As directed by the probation o cer, you shall notify third parties of risks that imay be. `
occasioned by your criminal record. or personal history or characteristics, and shall permit the -
· ‘ probation o rcer to make such- notification and to confirm your compiiance with such
notification requirement. _ ( _ · - · 1 ~ -— - i . _
16) lf you heve ever been convicted of a` felony, you shall refrain from possessing a firearm - ‘ · g
ammqnltion, destructive device, or other dangerous weapon. Ifyou have ever been convicted ·
of a misdemeanor involvin_g domestrcviolenoe, you shall refrain rom possessronofany firearm - - ‘
or ammr.rnrtron._ Possession of a firearm will result in mandatory revocation of your term of ‘ l _
supervision. This prohibition doee not apply to misdemeanor cases that did not an aildomestic ` · r
violence, unless a special condition is imposed by the Court. i _ ‘
17) Unless suspended by the Court, you sha l submit to one substance abuse teetwithin thefirst `
. 15 days of supervision and thereafter at least two, but no more than two periodic substance
abuse tests per year of supervision, pursuant to 18 0.8.064% 3563(a)(5) and 3583(d);
.. .. ...-. . 18). lfsuperyrsipn fol cose term..of ||'l'l.g'LSO|’JfDQL1l1,a)lDLLS.l1B.ll rep . nperson to the.E*.robation»Omcs q........... - ....
.. i rmtlirs deItr.¤s.1.t¤.wh¤sfi.v¤u stars .,s¢·drr~,¤tl1¤n.sevesty;nvc.rZ2il1outs..ctrel.e as .-.. ..i
'i9)"“r`You sha pay any monetary penaftres as ordered"by e Court. You will notrgrsgre probation ‘
officer of argy ma erral change in your economic circumstances that might affect your ability to
aay restitution, fines, or special assessments, _ __ - Q _
20) f you have ever been convicted of any qualifying federal or military offense (including any
federal felonyg listed under 42 U.S.C._ § 141 5a(d)(1) or jl0 U.S. . § ‘l565(d),‘you shal
cootaerate rn e collection of DNA as directed byte probation officer pursuan to 2 U.S.C.
§ 1 135a(a)(2). ‘
The following special conditions are in addition to the conditions of supervised release or supersede
any related standard condition;
1. You shall participate as instructed by the probation officer in a proeram of substance abuse .
treatment which may include testing for substance abuse. You sha l contribute to the cost of _
treatment in an amount to be determined by-th_e probation officer. » -, it - n ‘ » J
_ 2. , Yoo shall submit your person, property féincludinghbut not limited to computer, electronic ‘ ‘
devices, and storage media), residence, 0 ce, or ve icle to a search conducted by aprobatron
officer, at a reasonable time and in a reasonable manner. _
3. You shall provide the probationoflicer access to any requested financial information.- .
4. You are _prohibited from making major purchases, incurrine new financial obggations, or » .
_ entering into any nnancral contracts without the prior approve ofthe probation o rcer. ‘ . -
5. You shall complete 60 hoursof community eervioe at the rate of not less than 20 hours per "
year ae aeynroved and dzrected by the probatron..ofHcer, to be completed by _the expiration of " `
- - supervise release. if possible, you shall complete the community eervlce in a manner in- »
( which you educate elderly individuals and/or individuals with poor credit about the dangers of
telemarketing fraud. » _ _ 5
- - 6. You shall cooperate with thelnternal Revenue Service and pay all tax liabilities. You shall file . -
timely, accurate and lawful income tax returns and provide proof to the probation officer.
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USA vs. Harvey L. Sloniker Jr.
7. You are restricted from engaging in the following occupation, business, or professions
. , _ telemarketing industry. . . . .
I B. ‘ You shall abstain from aliuse of alcohol or alcoholic beverages. . - ‘ .
9. You shall participate in a course in ethics selected by the probation ofhcer.
THE COURT FINDS that your havebeen sentenced inlaccordance with the terms oflthe plea - ‘ ·
agreement and that you have waived your right to appeal and to collateraily attack this matter. The
waiverhas been knowingly and voluntarily made with a factual basis and with an understanding of
· the consequences of the waiver. ’ - _ I · -. . . .
n n The Court maylchange the conditions of probation or supervised release or eectend the term of a L r -
supervision, if less than the authorized maximum, at any time during the period of probation or i
A supervised release. The Court may issue aa warrant and revoke the original or anyisubseqiiient .
sentence for ia violation occurring during theperiod of probation or supervised releasei .
i _ B IT IS FURTHER ORDERED that the Clerk of the Court deliver two certified copies ofthis judgment
to the United States Marshal of this district. "
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` The defendant is remanded to thecustody of the United States Marshal. . " · "
i Date of imposition of Sentence: Monday, April 24, 2006
DATED this 25* day of April, 2006.
- *!Ic! J .
FEEErick .l.Mi.·.rtE one
__ Q I 4 p _ ` United States Distriotludge 1 _
I _ RETURN
I have executed this Judgment as follows: Amqgpn. Rtaw8B%R% i
- Defendant delivered on 7g @$2 dém _ 3901K1¤in§gvgL Im
institution designated by the Bureau of Prisons, with a CEI'I @ E|'II in a Criminal case.
.. B6 ?..L'4w·€»4»¤,. AJ~£·. By: I p__% _
I · I United States Marshal _ I T A Deputy Marshal ·
CC: USA/CNSL(Bruce Blumberg)/PROB(2)/PTS/FlN/JUDGE/USM(2 certified)/Order Book ·
CR 04-00820-001-PCT-F.IM-Slodknr Jr. V _ _ lI25f0610;05¤m
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