Judgment in a Criminal Case — United States v. Deconna Burke

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U.S. District Court, Middle District of Florida · No. 3:23-cr-00068-TJC-MCR · Doc. 43 · 2023-12-19 · Docket on CourtListener

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Case 3:23-cr-00068-TJC-MCR Document 43 Filed 01/02/24 Page 1 of 6 PagelD 181

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

UNITED STATES OF AMERICA Case Number: 3:23-cr-00068-TJC-MCR
Vv. USM Number: 55924-510
DECONNA BURKE Scott T. Schmidt, FPD

200 W Forsyth Street,

Suite 1240,

Jacksonville, FL 32204
JUDGMENT IN A CRIMINAL CASE

The defendant pleaded guilty to Count One of the Indictment. The defendant is adjudicated guilty of this offense:

‘ : Date Offense Count
Title & Section Nature of Offense Concluded Sonetise
18 U.S.C. § 1343 Wire Fraud November 2021 One

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.

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.

Date of Imposition of Sentence:

December 19, 2023

TIMOTHY J. copngen
UNITED STATES DISTRICT JUDGE

ed, QOM 200

AO245B (Rev. 09/19) Judgment in a Criminal Case
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Deconna Burke
3:23-cr-68-TJC-MCR

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PROBATION

You are hereby sentenced to Probation for a term of. FIVE (5) YEARS.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.
You must not unlawfully possess a controlled substance.
You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15
days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.

e The above drug testing condition is suspended, based on the court's determination that you pose a low

risk of future substance abuse.

You must cooperate in the collection of DNA as directed by the probation officer.
You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664 or any
other statute authorizing a sentence of restitution.
You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this
judgment.
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.

AO245B (Rev. 09/19) Judgment in a Criminal Case
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Deconna Burke
3:23-cr-68-TJC-MCR

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.

11.

12.

13.

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.

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.

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. The defendant has permission to travel outside of the Middle
District of Florida for employment purposes, given that the defendant drives long haul for a living.

You must answer truthfully the questions asked by your probation officer.

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.

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.

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. The defendant has permission to travel outside of the Middle District of Florida for employment
purposes, given that the defendant drives long haul for a living.

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.

If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
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 nunchucks or tasers).

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.

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.

You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

AU.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:

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Deconna Burke
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ADDITIONAL CONDITIONS OF PROBATION
You shall also comply with the following additional conditions of probation:
1. You shall provide the probation officer access to any requested financial information.

2. You shall be prohibited from incurring new credit charges, opening additional lines of credit, or obligating yourself
for any major purchases without approval of the probation officer.

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Deconna Burke
3:23-cr-68-TJC-MCR

CRIMINAL MONETARY PENALTIES

The defendant must pay the following total criminal monetary penalties under the schedule of payments set forth
in the Schedule of Payments.

AVAA JVTA ig
Assessment 1 2 Fine Restitution
Assessment Assessment
TOTALS $100.00 $0.00 $0.00 $0.00 $20,415.00

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 in full prior to the United States receiving payment.

Restitution

3
Name of Fayee ed
Name of Payee Total Loss” Ordered

Small Buisness Administration/DFC
721 19th Street, 3rd Floor, Room 301 c/o Loan $20,415.00 $20,415.00
Number 16445990-10, Denver, CO 80202

Totals: $20,415.00 $20,415.00

SCHEDULE OF PAYMENTS

The Special Assessment in the amount of $100.00 is due in full and immediately.
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:

e Lump sum payment of $3,000.00 due not later than January 15, 2024.
e Payment in equal monthly installments of $500.00 are due to commence February 1, 2024, until
restitution is paid off.

Unless the court has expressly ordered otherwise, if this judgment imposes a period of 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, unless
otherwise directed by the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

1 Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.

2 Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.

3 Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.

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Deconna Burke
3:23-cr-68-TJC-MCR

FORFEITURE
The defendant shall forfeit the defendant's interest in the following property to the United States.
¢ Preliminary Order of Forfeiture for Proceeds (Doc. 31) entered on 10/03/2023.
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4)

AVAA assessment, (5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and
(10) costs, including cost of prosecution and court costs.

AO245B (Rev. 09/19) Judgment in a Criminal Case

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