Filed: Aug. 08, 2017
Latest Update: Aug. 08, 2017
Summary: UNITED STATES' MOTION TO AMEND JUDGMENT GLORIA M. NAVARRO , Chief District Judge . The United States, by and through the undersigned, respectfully moves the Court, pursuant to Federal Rule of Criminal Procedure 36, to amend the Judgment in the above-captioned matter. Points and Authorities On April 21, 2017, the Court sentenced the defendant to probation for a term of five (5) years; and ordered a $100.00 assessment fee and restitution in the amount of $17,100.04 (Doc. No. 42). A copy of
Summary: UNITED STATES' MOTION TO AMEND JUDGMENT GLORIA M. NAVARRO , Chief District Judge . The United States, by and through the undersigned, respectfully moves the Court, pursuant to Federal Rule of Criminal Procedure 36, to amend the Judgment in the above-captioned matter. Points and Authorities On April 21, 2017, the Court sentenced the defendant to probation for a term of five (5) years; and ordered a $100.00 assessment fee and restitution in the amount of $17,100.04 (Doc. No. 42). A copy of ..
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UNITED STATES' MOTION TO AMEND JUDGMENT
GLORIA M. NAVARRO, Chief District Judge.
The United States, by and through the undersigned, respectfully moves the Court, pursuant to Federal Rule of Criminal Procedure 36, to amend the Judgment in the above-captioned matter.
Points and Authorities
On April 21, 2017, the Court sentenced the defendant to probation for a term of five (5) years; and ordered a $100.00 assessment fee and restitution in the amount of $17,100.04 (Doc. No. 42). A copy of the Judgment is appended hereto as Exhibit A.
At the time of sentencing, the United States moved the Court to attach to the Judgment a Sealed Restitution List detailing fourteen restitution recipients with their loss amounts totaling $17,100.04. Since that time, the United States has learned that one recipient, who is the defendant's ex-wife, was not a victim of the scheme but instead legitimately wired money to the defendant during that time.
Wherefore, the United States respectfully requests the Court amend the Judgment by reducing the restitution order to $16,770.04, and affixing an amended Restitution List to the Judgment. Defense counsel has no objections. The new Restitution List is filed separately under seal as Exhibit B.
IT IS SO ORDERED.
The Clerk of Court shall amend the Judgment (ECF No. 42) to reflect the updated restitution amount and include the sealed restitution list (ECF No. 44).
EXHIBIT A
UNITED STATES DISTRICT COURT District of Nevada
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v.
ANTHONY SEDGWICK
Case Number: 2:14-cr-00379-GMN-VCF-1
USM Number: 49614-048
Brian Pugh, AFPD
Defendant's Attorney
THE DEFENDANT:
[✓] pleaded guilty to count(s) 1 of the Indictment (ECF No. 1)
[] pleaded nolo contendere to count(s) _____________________________________________ which was accepted by the court.
[]was found guilty on count(s) _____________________________________________ after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
Title & Section Nature of Offense Offense Ended Count
18 USC § 1343 Wire Fraud June, 2012 1
The defendant is sentenced as provided in pages 2 through 6 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) __________________________________
[✓] Count(s) 2-5 of the Indictment (#1) [] is [✓] are dismissed on the motion of the United States.
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.
4/21/2017
_________________________________________
Date of Imposition of Judgment
_________________________________________
Signature of Judge
Gloria M. Navarro, Chief Judge U.S. District Court
_________________________________________
Name and Title of Judge
May 1, 2017
_________________________________________
Date
PROBATION
You are hereby sentenced to probation for a term of: FIVE (5) YEARS
MANDATORY CONDITIONS
1. You must not commit another federal, state or local crime.
2. You must not unlawfully possess a controlled substance.
3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of probation and at least two periodic drug tests thereafter, as determined by the court.
[] The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future substance abuse. (check if applicable)
4. [✓] You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
5. [] You must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in where you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
6. [] You must participate in an approved program for domestic violence. (check if applicable)
7. [] You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if applicable)
8. You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
9. If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
10. You must notify the court of any material change in your economic circumstances that might affect your ability to pay restitution, fines, or special assessments.
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
As part of your probation, you must comply with the following standard conditions of supervision. These conditions are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.
1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the time you were sentenced, unless the probation officer instructs you to report to a different probation office or within a different time frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer.
4. You must answer truthfully the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court.
12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised Release Conditions, available at: www.uscourts.gov.
Defendant's Signature ___________________________ Date __________
SPECIAL CONDITIONS OF SUPERVISION
1. Debt Obligations — You shall be prohibited from incurring new credit charges, opening additional lines of credit, or negotiating or consummating any financial contracts without the approval of the probation officer.
2. Access to Financial Information — You shall provide the probation officer access to any requested financial information, including personal income tax returns, authorization for release of credit information, and any other business financial information in which you have a control or interest.
3. Mental Health Treatment — You shall participate in and successfully complete a mental health treatment program, which may include testing, evaluation, and/or outpatient counseling, as approved and directed by the probation office. You shall refrain from the use and possession of beer, wine, liquor, and other forms of intoxicants while participating in mental health treatment. Further, you shall be required to contribute to the costs of services for such treatment, as approved and directed by the probation office based upon your ability to pay.
4. Home Confinement with Location Monitoring — You shall be confined to home confinement with location monitoring, if available, for a period of four months. The Court waives the requirement for payment of such services.
5. Warrantless Search — You shall submit to the search of your person, property, residence or automobile under your control by the probation officer or any other authorized person under the immediate and personal supervision of the probation officer, without a search warrant to ensure compliance with all conditions of release.
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment JVTA Assessment* Fine Restitution
TOTALS $100.00 $ $ $17,100.04
[] The determination of restitution is deferred until ____________. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
[✓] The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned 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 before the United States is paid.
Name of Payee Total Loss** Restitution Ordered Priority or Percentage
Sealed Restitution List Attached
TOTALS $ ____________ $ _______________
[] Restitution amount ordered pursuant to plea agreement $ _______________
[] The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth 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).
[✓] The court determined that the defendant does not have the ability to pay interest and it is ordered that:
[✓] the interest requirement is waived for the [] fine [✓] restitution.
[] the interest requirement for the [] fine [] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A [✓] Lump sum payment of $ 100.00 due immediately, balance due
[] not later than ___________________________________, or
[] in accordance with [] C, [] D, [] E, or [] F below; or
B [] Payment to begin immediately (may be combined with [] C, [] 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 of this judgment; or D [] 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 of supervised 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 [✓] Special instructions regarding the payment of criminal monetary penalties:
The Defendant is required to make minimum payments in the amount of $25.00 per month toward the balance of the restitution (Total of $17,100.04).
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[] Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.
[] The defendant shall pay the cost of prosecution.
[] The defendant shall pay the following court cost(s):
[] The defendant shall forfeit the defendant's interest in the following property to the United States:
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) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.
