NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Sentencing Proceedings as to Brandon… — USA v. Thurmond et. al. (Dkt. 97)

Record facts

U.S. District Court for the Southern District of Georgia · No. 1:23-cr-00021-JRH-BKE · Doc. 97 · 2024-07-11 · Docket on CourtListener

Summary

An official transcript of a sentencing hearing in United States v. Brandon Jamal Thurmond, Case No. 1:23CR21, before Chief Judge J. Randal Hall in the U.S. District Court for the Southern District of Georgia, held April 30, 2024 and filed July 11, 2024 as Document 97. The court recounts a Rule 11 proceeding on November 28, 2023 at which the defendant pleaded guilty to a modified count one charging conspiracy to commit wire fraud, 18 U.S.C. § 1349. It adopts the presentence report without objection and states advisory guidelines of total offense level 14, criminal history category II, 18 to 24 months imprisonment, a $7,500 to $250,000 fine, restitution of $140,228 and a $100 special assessment. Defense counsel asks for probation or home confinement, citing United States v. Banks on whether loss means actual loss, and gives an intended loss of $234,442 and actual loss of $130,228.

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF GEORGIA 
AUGUSTA DIVISION 
 
 
United States of America, 
)
) 
Plaintiff,
) 
) 
vs.
)   Case No. 1:23CR21 
) 
Brandon Jamal Thurmond,    
)
) 
Defendant.
) 
______________________________) 
 
 
SENTENCING HEARING 
BEFORE THE HONORABLE J. RANDAL HALL 
CHIEF UNITED STATES DISTRICT COURT JUDGE 
TUESDAY, APRIL 30, 2024; 2:39 P.M. 
 
 
FOR THE PLAINTIFF: 
 
Jennifer A. Stanley, Esquire 
U.S. Attorney's Office 
Post Office Box 2017 
Augusta, Georgia 30903 
(706)724-0517 
 
FOR THE DEFENDANT: 
 
Michon D. Walker, Esquire 
Arthur L. Walker and Associates, LLC 
601 N. Belair Square, Suite 23 
Evans, Georgia 30809 
(706)210-4355 
 
OFFICIAL COURT REPORTER: 
 
Lisa H. Davenport, RPR, FCRR 
Post Office Box 5485 
Aiken, South Carolina 29804 
(706)823-6468 
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(Call to Order at 2:39 p.m.)
THE CLERK:  The court calls case no. 1:23CR21, United
States of America v Brandon Jamal Thurmond.  Jennifer Stanley
for the government.  Michon Walker for the defendant.  Here for
sentencing.
THE COURT:  Good afternoon.  Are you Brandon Thurmond?
THE DEFENDANT:  Yes, sir.
THE COURT:  Brandon Jamal Thurmond appeared before
this court on November 28, 2023, accompanied by his attorney,
Michon Walker, for a Rule 11 proceeding.  Pursuant to a Plea
Agreement Mr. Thurmond plead guilty and was adjudged guilty of
a modified count one of the Indictment charging him with
conspiracy to commit wire fraud in violation of 
18 U.S.C. § 1349.  Upon completion of the Rule 11 proceeding
and the Court's acceptance of the guilty plea, the Court
directed the probation office to prepare a Presentence Report
and to disclose the report to the government and to
Mr. Thurmond.
Has the government completed its review of the
Presentence Report, Ms. Stanley?
MS. STANLEY:  Yes, Your Honor.
THE COURT:  No outstanding objections?
MS. STANLEY:  No objections.
THE COURT:  Mrs. Walker, have you and Mr. Thurmond
completed your review of the report?
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MRS. WALKER:  Yes, Your Honor.
THE COURT:  And you have no outstanding objections?
MRS. WALKER:  No, Your Honor.
THE COURT:  There being no objections to the factual
statements or to the probation officer's conclusions as to the
applicable advisory guidelines contained in the report, the
Court adopts those facts and conclusions and determines that
the applicable advisory guidelines are total offense level 14,
criminal history category II, 18 to 24 months imprisonment, one
to three years of supervised release, $7,500 to $250,000 fine,
restitution of $140,228, $100 special assessment.
I received a letter from the Arizona Department of
Economic Security which I think could be characterized as a
Victim Impact Statement.  So I have reviewed that and will
order that into the record of the proceeding.
Any other statements for anyone else identified as a
victim in this case?
MS. STANLEY:  No, Your Honor.  We reached out to and
spoke with each of the victims and they were helpful concerning
restitution amounts, but no one else wished to submit a
statement or wished to speak today.
THE COURT:  Thank you.  All right.  With that, then
I'll look to you, Mrs. Walker, for your thoughts on anything
that you'd like to present in mitigation of the sentence, and,
Mr. Thurmond, the law provides you have a right to make a
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personal statement to the Court before the sentence is imposed.
If you wish to make a statement, this would be the time to do
so, but, anyway, I'll hear from you, Mrs. Walker.
MRS. WALKER:  Thank you, Your Honor.  Brandon Thurmond
had a bright future in football when he graduated from high
school.  His formidable talent as a defensive end garnered him
a position on the University of Arkansas Pine Bluff Golden
Lions.  He is a competitor at heart.  He continued to work hard
and attain one of his biggest achievements.  He successfully
made it to the National Football League and was assigned to the
roster of Atlanta Falcons as a free agent in 2013.  
In the purview of his community and family
Mr. Thurmond's coveted NFL position would change the trajectory
of his family's life.  He was raised by a single mother, had
several siblings who were counting on him.  He took on the
financial responsibility of the family at the young age of 23.
When his football career ended in 2016, Mr. Thurmond made a
decision that altered the path of his life, and found guilty of
a felony, he was ordered to a sentence to a term of 10 years of
incarceration with the Georgia Department of Corrections.
He was no longer able to provide for his family and
this family now included a daughter named Laila.  In 2020 he
made another poor decision.  Desperate to financially provide
for his family and daughter, he filed for applications for
unemployment compensation, Payment Protection Program loans,
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and Economics Injury Disaster Loans while incarcerated.
Over the last six months Mr. Thurmond recognizes that
his daughter needs him more now than ever.  She has been
removed from her biological mother's residence by the
Department of Family and Children's Services.  He wants to be
named the primary custodial parent of Laila, but he was first
required to file a Petition of Legitimation in order for him to
be recognized by the state as having equal rights.  He has done
that.  He filed that Petition of Legitimation in the Juvenile
Court of Dekalb County, and he has a hearing on that Petition
scheduled for May 17, 2024.
Daily he has followed the rules of this court while
he's been awaiting sentencing.  He's been a model citizen.  He
obtained employment with Publix warehouse within two weeks of
being released from the Georgia Department of Corrections and
he's maintained that job full time and he's adhered to all of
the conditions of the appearance bond.
He's also been active in the community as a mentor for
at-risk teenage boys through a non-profit by the name of
Village Strong Non-Profit Co.  He has hosted free youth
football camps that teach football skills and also life skills.
He provides those at-risk boys guidance and mentorship.  While
the children are having fun, he is providing life lessons
telling them about his story, the good attributes, the bad
decisions and how those bad decisions have affected his life
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today.  He's also talked to them about leadership skills and
offered support, especially to those young boys that do not
have active fathers in their life.  He is in a stable home with
his partner Brandi and Brandi's 12-year-old daughter Dakota and
Laila when she visits.  They have forged a unit and that unit
they based it on family, work, and community.  Dakota and Laila
are like sisters.  They are a sweet duo.
The U.S. Probation Office recommends a guideline
imprisonment range of 18 months to 24 months based upon a total
offense level of 14 and a criminal history category of II.  The
total offense level 14 is based upon the total intended loss of
$234,442.  The U.S. Probation Office relies upon the guidelines
commentary of the United States Sentencing Guidelines, Section
2B1.1, Application Note 3A, that provides loss is the greater
of actual loss or intended loss.  The actual loss in this case
is $130,228.
We ask this court to take into consideration United
States versus Banks wherein the Third Circuit court gave
deference to the guideline and no deference to the definition
of loss as outlined in the commentary because the commentary
expanded the definition of loss.  Their conclusion was based
upon five things:  The guideline does not mention actual versus
intended loss; the distinction appears only in the commentary;
the court in Banks looked to the ordinary meaning of loss and
determined that in the context of 2B1.1 loss is actual loss;
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and the court also compared the definition of the word "loss"
in the Webster's New International Dictionary as well as the
Webster's New Collegiate Dictionary.  None of the definitions
suggest an ordinary understanding that loss means intended
loss.
We're asking that this court join the Fourth, Sixth,
Ninth and Eleventh Circuit as well as the Third Circuit who are
all in agreement that less deference should be extended to the
commentary of the guidelines.  We respectfully request this
court impose a sentence of probation or, in the alternative,
home confinement followed by supervised release.
The Comprehensive Crime Control Act of 1984 makes
probation a sentence in and of itself, and it requires the
court to consider the kinds of sentences available in
determining the particular sentence to be imposed.  In cases
where probation is statutorily authorized as it is in this
case, the court should consider before imposing a sentence of
imprisonment whether the purposes of sentencing can be served
with an alternative to incarceration.  Probation may be used as
an alternative to incarceration provided the terms and
conditions of probation can be fashioned so as to meet fully
the statutory purposes of sentencing.
A sentence of probation may be appropriate for a
repeat or high risk offender who would benefit from treatment
for emotional conditions or who have stabilizing ties in the
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community such as family or employment.  In this case
Mr. Thurmond has accepted full responsibility for his actions
and acknowledges that he was wrong for his poor choices, for
participating in the offense and that his actions have, indeed,
consequences.
He is gainfully employed, has a stable family life.
He's filed that Petition for Legitimation seeking to be the
primary custodial parent of his daughter Laila.  He is a mentor
to teenage boys.  He hosts those football clinics to provide
leadership skills, football skills for at-risk boys and in
doing so he has ties to the community and he's making a great
effort to rehabilitate himself and to increase his personal
growth.
He initiated mental health therapy and meets with a
certified clinical trauma professional for individual bi-weekly
counseling.  He has been diagnosed as outlined in the
Sentencing Memorandum -- Chronic Post Traumatic Stress Disorder
and Moderate Generalized Anxiety Disorder and he does need
additional health treatment to address his ongoing mental
health needs.
He has shown respect for this court while awaiting
sentencing and the public is not in need of protection from
Mr. Thurmond.  He will work diligently, also, Your Honor, to
pay restitution as outlined by this court.  We pray that this
court extends mercy on Mr. Thurmond and sentence him to a
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sentence of probation followed by supervised release.  Should
this court impose incarceration, we respectfully request that
Mr. Thurmond is allowed to remain at liberty pending an appeal,
but if this court refuses to set an appeal bond, we ask that
Mr. Thurmond be allowed to self-report to the designated
institution.  His choice, Your Honor, would be FCI Atlanta
because he has ties to his family there and Mr. Thurmond would
like to make an allocution statement at this time.
THE DEFENDANT:  Yeah, I can.
THE COURT:  Thank you.  
Yes, sir?
THE DEFENDANT:  Thank you for giving me the honor to
speak.  My name is Brandon Thurmond and the situation that we
have right here I take full responsibility for, but under no --
like, with me being back in society, I see how important it is
not just for me to be in society, but for my daughter and my
stepdaughter to be in society as I help raise them as well.
The five years I have been away from my daughter -- it impacted
and it hurted her a lot and at the time that she came over she
was verbally getting back comfortable with me and speaking on
the things that she's been through, and I know if you find in
your heart to send me back down the road, the impact it will
have towards my daughter and my stepdaughter and also my family
that's here today.  I thank you for taking the time to listen
to me.  Hopefully, you find to give me probation to continue to
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be in society.  Thank you.
THE COURT:  Anything else, Mrs. Walker?
MRS. WALKER:  Yes, Your Honor.  He has family that's
here today and I have provided that -- Brandi Barkus and his
mother, Crystal Thurmond.  His mother is kind of shy.
THE COURT:  That's okay.
Good afternoon, ma'am.  What is your name?
MS. CRYSTAL THURMOND:  Good afternoon, sir.  My name
is Crystal Thurmond.  I am Brandon's mother.
THE COURT:  Yes, ma'am.  What would you like for me to
know about your son?
MS. CRYSTAL THURMOND:  I want you to know that I
raised him very respectfully and he's always been a respectable
young man.  He went through high school, through college.  I
never had to go to the school for him.  I never had any
problems.  He was such a leader in school to where it was other
football players' parents would allow their kids to come stay
with us because I had such a stable environment and I raised my
kids -- you know, I kept them in the church and I have raised
them to be good kids, you know, respectable, mannerable, and
that's him.  He is very mannerable.
He loves his daughter.  He loves his family, you know.
He just came home, you know, just somebody just -- somebody
just, you know, when he got his little career with the Falcons,
you know how jealousy sets in and he got set up and that's from
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him being -- and I hate to say this -- sheltered, you know,
because I sheltered my kids because I never allowed them to be
around wrongdoing.
I didn't allow them to be out in the street.  You
know, they didn't hang out and even as adults my kids don't,
you know, hang out in the street.  They don't do drugs.  They
don't involve themselves in clubs, and, you know, him right
now -- he's been locked up for the five years, but he still
come home.  He hasn't been to a club.  He don't drink alcohol.
He don't do drugs.  He is a family guy and the only thing I am
asking, sir, is that, you know, you take consideration that,
you know, we all do wrong, and he know what he done wrong and I
am just asking you to forgive him, you know, and have
consideration that he does have a -- he does have a family and
he does have -- he does have me that's going to keep
distilling, you know, God first and for him to do right.
You know, he know what he done wrong and he's been on
the straight and narrow and I am just asking you, you know, if
he could get probation, home confinement, you know, because,
like, his daughter -- you know, she -- it was a big impact on
her.  It was a big impact on me.  I ain't getting no younger,
you know, but, you know, and I just want to enjoy, you know,
the time I have because even him coming home he showed me that
he still -- that he is that young man that I raised.
THE COURT:  Yes, ma'am.
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MS. CRYSTAL THURMOND:  That's all I got to say.
THE COURT:  Thank you.
MS. BRANDI BARKUS:  Hi.  Hello.
THE COURT:  Yes and your name?
MS. BRANDI BARKUS:  Brandi Barkus.
THE COURT:  Yes, ma'am.  
MS. BRANDI BARKUS:  Thank you for reading my letter I
sent and I just wanted to speak on Brandon's commitment since
he's been home to being a better person as far as the
commitment he has to getting up at 3 o'clock in the morning to
go to work everyday.  He makes no excuses.  His commitment to
apply for 100 jobs to get 7 to 10 offers with the hurdles of
being a felon, all of the things that he has to face to become
the man that he is today and the man that he has the potential
to even be and with all of the challenges he has had he's never
once complained about it.
I will say he's told me before when he has expressed
remorse on the situation the embarrassment even talking to me
about it and just getting through those things in life he is --
like, the one thing I just love so much is that he is committed
to just standing on it -- what am I doing next?  And he talked
a lot about what he was going to do when he was in prison, but
the last seven months seeing him actually do it, it's
refreshing, and then this last Saturday we had about -- well,
we had about 80 kids or so sign up for his mentorship program
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and about 60 or so showed up out of the 75 registered.  Because
the other ones didn't have rides and things like that, Brandon
went and picked up some of those kids.  He made double trips to
make sure that he showed up for them and his commitment to show
up in areas that they might have someone.  
It was -- the way that they were excited to see like,
when are you doing it again, Coach Brandon?  When are you doing
this?  Like, he is so committed to show up.  He wants to show
up for his daughter, for work, for these kids, for my daughter.
I can't even speak on her.  I'll get emotional, but his
commitment to show up and he understands everything that he's
done wrong.  As much research and the work he's putting in to
just become the best provider for his family, for myself -- I
mean, I am a hard working person, too, but his willingness of
wanting to just take care of the people around him, too, it is
refreshing, too, but I can't really speak too much more.  Thank
you for listening.
THE COURT:  Sure.  Thank you for coming.  That's very
helpful.
Anything else then?
MRS. WALKER:  No, Your Honor.
THE COURT:  All right.  Ms. Stanley, what are your
thoughts on the sentence today?
MS. STANLEY:  Thank you, Your Honor.  First, if I may
address a few of the points that Mrs. Walker made in her
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Sentencing Memorandum here today -- specifically, the actual
versus intended loss issue.  First of all, I would request that
if the Court is inclined to rely on actual loss instead of
intended loss that we be allowed an opportunity to brief the
issue, but for now I'll say that this court as well as every
other court to address the issue in this district has decided
to use intended loss rather than actual loss in calculating the
loss.
It's currently being litigated across the country, but
the majority of courts nationwide determined that loss in the
guidelines does include intended loss.  The Sentencing
Commission and the Eleventh Circuit have long interpreted loss
to include intended loss.  Congress has provided that frauds
that are not completed -- so where no money goes out the
door -- should be punished the same as frauds that are
successful and that logically makes sense because a thief who
steals $50 million from the bank may face a guidelines range of
10 years or more while another thief whose similar crime is
thwarted by a diligent cyber-security team would have committed
a zero dollar crime that would result in zero to six months in
prison.
So this is exactly the kind of logic that the Sixth
Circuit employed recently and decided that where the defendant
had been convicted of various crimes related to trade secrets
and economic espionage.  The actual loss was zero while her
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intended loss was 121 million.  So when the court looks at the
term "loss" in context which it is required to do, it clearly
includes intended loss.  The defendant cites to the Eleventh
Circuit decision in Dupree, but, in fact, in the Dupree case
the court looked to the context of a different term to find
that it was unambiguous and Dupree requires this court to
consider the relevant statutory guidelines and context and if
that context does not make clear that loss includes intended
loss, it at least shows that the term is ambiguous and this
court can then look to the commentary in interpreting the word.
It could mean many things.  It could be deprivation of money.
It could mean interest.  It could mean the loss of reputation
and so the court should defer to the commentary and use
intended loss in calculating Mr. Thurmond's guidelines.
The last note I'll make on that issue, Your Honor, is
that recently the Sentencing Commission promulgated final
proposed amendments to the guidelines and that includes a
proposed amendment to remove the definition of loss from the
commentary to the guideline itself and so to address the issue
delineated first by the Third Circuit in the Banks case and so
if Congress does nothing which is common that amendment will go
into effect November 1 of this year.  So for all of those
reasons we think it is clear that the PSI correctly uses the
intended loss figure and that this court should as well.
I think this court can weigh the remainder of the
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defendant's arguments regarding the 3553(a) factors, but I do
want to comment on one other argument made by the defense which
is this idea of this being a federal prosecution versus a state
prosecution and that in and of itself having a significant or a
substantial deterring effect or that in and of itself
accounting for the seriousness of this offense, and whether or
not it is a state or federal offense is not what the guidelines
or the statute contemplate in dealing with those factors.
Indeed, Mr. Thurmond will likely spend less time in
jail for this offense than he did in state prison for a drug
trafficking conviction.  This kind of offense is so serious and
requires serious imprisonment because it's often viewed as a
victimless crime, and putting aside the fact that the taxpayers
and the government agencies who are defrauded are, of course,
victims, it is also important to remember that there were small
businesses who could not access loan money because the PPP
programs and the EIDL programs actually ran out of money.
There were also people who actually needed unemployment
insurance to feed their families and the defendant's conduct
took money away from those businesses and those individuals.
Accordingly, we would ask for a guideline sentence of
imprisonment to adequately account for those 3553(a) factors of
accounting for the seriousness of the offense and deterring
other potential offenders.  As to the sentence generally, Your
Honor, I'd like to point out just how egregious it is that 
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Mr. Thurmond was using a contraband cellphone while in prison
to steal government funds.  While he was in state prison
serving time on a different significant felony offense, there
were screenshots saved of his text conversations on this
contraband phone with his sister where you can see Mr. Thurmond
FaceTime'ing his sister and co-defendant from inside a prison.
Mr. Thurmond on the inside and Ms. Thurmond on the outside ran
their own criminal enterprise whose goal was to steal from the
taxpayers.  They solicited their friends and their family
members to gather their personal information and took a cut of
the money that they got for these people.
These applications aren't close to being legitimate.
So this is not one of the situations you have where perhaps
someone did actually have a barbershop or nail salon business
but the numbers were inflated.  These businesses are totally
made up.  The unemployment applications are totally fabricated.
None of the Arizona unemployment applicants lived in Arizona.
They used actual Arizona addresses that were in some cases
linked to dozens of other fake applications for unemployment in
Arizona.  Brandon Thurmond doesn't live the Arizona, Virginia,
West Virginia, or California and he certainly wasn't eligible
for unemployment in the state of Georgia and all six of the
Schedule C's that Mr. Thurmond created for the PPP loans were
exactly the same except for the names and types of businesses.
They just had the same gross revenue amount and cost and --
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exactly the same and they were designed to maximize the amount
that each person could get for a sole proprietor.  
Brandon Thurmond didn't just fill out the forms with
fake numbers.  He actually created fake tax documents and
submitted them to a financial institution over and over again
and he was aware in real time of the potential consequences of
his actions.  At one point he texted his sister that he was
going to get his loan reversed because he might lose his bank
account because of the fraudulent activity.  His sister
responded, "I wouldn't.  You're in jail.  Someone stole your
info."  His sister later texted him that he needed to be back
with his daughter and he responded, "Exactly. That's why I want
to send that back."  Sadly, he made the choice otherwise to
steal that money and to keep it.
Your Honor, I would submit that even the intended loss
amount in this case doesn't fully capture the scope of the
intended fraud.  You have three different kinds of fraudulent
applications.  I have never -- personally have not prosecuted a
case involving Unemployment Insurance, PPP loans, and EIDL
applications.  Not all of them were successful, but those
required three different tactics and strategies.  Some were
just submitting a form.  Others required the creation of
fraudulent tax documents.  So I think had there been more
success or more time, the defendants would have succeeded in a
much larger dollar amount of loss.
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The government submits here that the guidelines are
reasonable and that they adequately account for the 3553(a)
factors and so we ask that the court impose a sentence of
imprisonment within the guideline range.  The government also
asks the court to order restitution as specified in the PSI and
order that Mr. Thurmond and his co-defendant be jointly and
severally liable for that amount.  We also request that the
court apply to the restitution amount the seized funds from
Mr. Thurmond's Navy Federal Credit Union account which are
currently in the custody of the government.  
The government does not oppose a self-reporting date,
Your Honor, but we do oppose an appeal bond.  This is not a
case where we have a conditional plea and Mr. Thurmond has
waived his right to appeal except under very narrow
circumstances, none of which appear to apply here.  Thank you,
Your Honor.
THE COURT:  What were you saying about the Navy
Federal account?
MS. STANLEY:  The PPP loan that went into 
Mr. Thurmond's Navy Federal Credit Union account was seized
before it was disbursed.  The government executed a seizure
warrant and it's noted in the PSI, Your Honor.
THE COURT:  I noted that, but I didn't see anything in
here.  You want me to order ---
MS. STANLEY:  That it be applied to the restitution
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amount.  I was speaking with Special Agent Escobar.  Our
understanding is that that money is currently held in some sort
of escrow account until there is an order directing the
government ---
THE COURT:  To apply it.
MS. STANLEY:  Yes, sir.
THE COURT:  All right.  Is that it?
MS. STANLEY:  That's it, Your Honor.  Thank you.
THE COURT:  All right.  I have now listened to the
defendant, Mr. Thurmond, and his counsel.  I have reviewed the
Presentence Report.  I have also reviewed the Sentencing
Memorandum filed on Mr. Thurmond's behalf.  Pursuant to the
Sentencing Reform Act of 1984 it is the judgment of the court
that the defendant, Brandon Jamal Thurmond, is hereby committed
to the custody of the Bureau of Prisons to be imprisoned for a
term of 21 months.  The court finds no reason to depart from
the sentence called for by application of the advisory
guidelines inasmuch as the facts as found are of the kind
contemplated by the Sentencing Commission.
Restitution in the total amount of $140,228 is due in
the following amounts to the following victims:  $11,831 to the
Georgia Department of Labor; $20,000 to the Small Business
Administration; $25,065 to the Arizona Department of Economic
Security; and $83,332 to Harvest Small Business Finance, LLC.
However, the economic circumstances of Mr. Thurmond do not
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allow for payment of the full amount of restitution ordered
under any reasonable schedule of payments now or in the
foreseeable future.  Pursuant to 18 U.S.C. § 3664(f)(3)(B)
nominal payments of either quarterly installments of a minimum
of $25 if working non-UNICOR or a minimum of 50 percent of
monthly earnings if working UNICOR shall be made.
Upon release from imprisonment and while on supervised
release nominal payments of minimum of $400 per month shall be
made.  Payments are to be made payable to the Clerk, United
States District Court for disbursement to the victims.  The
restitution shall be paid jointly and severally with
co-defendant La'Kyera Thurmond in an amount to be determined.
Any monies held in the defendant's Navy Federal account seized
in connection with this case shall also be -- I'll order they
be applied to the restitution balance.
After considering the factors set forth in Guideline
5E1.2(d) and the restitution obligation, I have determined that
Mr. Thurmond does not have the ability to pay a fine.  I
further order that he shall pay to the United States a $100
special assessment which shall be due immediately.
As previously mentioned about the account I will
address pursuant to the Plea Agreement he shall forfeit his
interest in any property that may have been seized in
connection with this case including the Navy Federal account
that I just mentioned.  
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While on supervised release he shall comply with
certain special conditions.  The court has considered the
factors set forth in 18 U.S.C. § 3553 and 3583 and relevant
policy statements issued by the commission and has determined
that the following special conditions involve no greater
deprivation of liberty than is reasonably necessary to achieve
the purposes of sentencing.
The following special conditions are imposed:
Mr. Thurmond must submit to substance abuse testing to
determine if he has used a prohibited substance.  He must not
attempt to obstruct or tamper with the testing methods.  He
must provide the probation officer with access to any requested
financial information and authorize the release of any
financial information.  The probation office may share
financial information with U.S. Attorney's office.  He must pay
the financial penalty in accordance with the Schedule of
Payment sheet of the Judgment.  He must notify the court of any
changes in economic circumstances that might affect his ability
to pay the financial penalty.
He must inform any employer or perspective employer of
his current conviction and supervision status.  He must not be
employed in any fiduciary capacity or any position allowing
access to credit or personal information of others unless the
probation officer approves such employment.
He must submit his person, property, house, residence,
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office, vehicle, papers, computers, other
electronic-communications or data-storage devices or media to a
search conducted by a U.S. Probation Officer.  Failure to
submit to a search may be grounds for revocation of release.
He must warn any other occupants that the premises may be
subject to searches pursuant to this condition.  The probation
officer may conduct a search under this condition only when
reasonable suspicion exists that he has violated a condition of
supervision and that the areas to be searched contain evidence
of the violation.  Any search must be conducted at a reasonable
time and a reasonable manner.
The court finds that a curfew is necessary to provide
just punishment for the defendant's offense and to protect the
public from crimes that he might commit during curfew hours.
Therefore, a curfew is imposed.  He must comply with the
conditions of a curfew from 10 p.m. 'til 6 a.m. during the
period of supervision.  That's daily.  During this time he must
remain at his place of residence at all times and shall not
leave except when the leave is approved in advance by the
probation officer.
The probation officer is directed to provide
Mr. Thurmond with a written statement setting forth all of the
conditions to which his term of supervised release is subject.
I have accepted the Plea Agreement because I am
satisfied the agreement adequately reflects the seriousness of
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the actual offense behavior and that accepting the Plea
Agreement will not undermine the statutory purposes of
sentencing.
Reporting date, Officer Brown?
THE PROBATION OFFICER:  Your Honor, 60 days from now
is a Saturday.  That's June 29.  So we would recommend Monday,
July 1.
THE COURT:  Monday, July 1.  I order that Mr. Thurmond
shall voluntarily surrender to the institution designated by
the Bureau of Prisons by 2 p.m. on Monday, July 1, 2024.  I
will recommend his assignment to the FCI Atlanta.
Pursuant to the Plea Agreement, with limited
exceptions, Mr. Thurmond has waived all rights conferred by 
18 U.S.C. § 3742 to appeal the sentence.  He has also waived
the right to appeal the sentence on any other ground and has
waived the right to attack the sentence in a post-conviction
proceeding.
Sentence has now been pronounced.  Other than any
objections which may have previously been stated for the
record, does anyone now have any objections to the court's
findings of fact, conclusions of law or to the manner in which
the sentence was pronounced by the Court?  
Ms. Stanley?
MS. STANLEY:  No, Your Honor.
THE COURT:  And Mrs. Walker?
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MRS. WALKER:  No, Your Honor.
THE COURT:  All right.  We are concluded then.  Thank
you all.
(The hearing is concluded.)
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CERTIFICATE OF REPORTER 
 
 
 
     I, Lisa H. Davenport, Federal Official Reporter, in and 
for the United States District Court for the Southern District 
of Georgia, do hereby certify that pursuant to Section 753, 
Title 28, United States Code that the foregoing is a true and 
correct transcript of the stenographically-reported proceedings 
held and that the transcript page format is in conformance with 
the regulations of the Judicial Conference of the United 
States. 
 
________________________________ 
Lisa H Davenport, RPR, FCRR 
Federal Official Reporter 
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Case 1:23-cr-00021-JRH-BKE     Document 97     Filed 07/11/24     Page 26 of 26
Digitally signed by Lisa 
Davenport 
Date: 2024.07.11 
17:01:59 -04'00'

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