Court filing
Judgment - US v. Eley
Filed October 25, 2023 in U.S. v. Eley; one of 4 filings from this case.
Record facts
| Court | U.S. District Court, Eastern District of Louisiana |
|---|---|
| Filed | 2023-10-25 |
U.S. District Court, Eastern District of Louisiana · No. 2:23-cr-00085-ILRL-KWR · Doc. 33 · 2023-10-25 · Docket on CourtListener
Full text
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 1
UNITED STATES DISTRICT COURT
Eastern District of Louisiana
UNITED STATES OF AMERICA
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JUDGMENT IN A CRIMINAL CASE
v.
SIEDAH ELEY
Case Number:
053L 2:23CR00085-001 “B”
USM Number:
84678-510
JOHN MCLINDON AND EDWARD LAIRD
THE DEFENDANT:
Defendant’s Attorney
pleaded guilty to count(s)
1 OF THE BILL OF INFORMATION ON MAY 22, 2023
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 § 371
Conspiracy to Commit Wire Fraud
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)
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.
October 25, 2023
Date of Imposition of Judgment
Signature of Judge
Ivan L. R. Lemelle, Senior United States District Judge
Name and Title of Judge
October 31, 2023
Date
Case 2:23-cr-00085-ILRL-KWR Document 33 Filed 10/25/23 Page 1 of 6
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4—Probation
Judgment—Page
2
of
6
DEFENDANT:
SIEDAH ELEY
CASE NUMBER:
053L 2:23CR00085-001 “B”
PROBATION
You are hereby sentenced to probation for a term of: 5 YEARS
FIVE YEARS AS TO COUNT ONE OF THE BILL OF INFORMATION
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 placement on
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 (34 U.S.C. § 20901, et seq.)
as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location 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,
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
pages, all of which you acknowledged and knowingly consented to or had the opportunity to object to during today's sentencing hearing
as standard and special conditions of supervision per the presentence report, adopted or modified by the court, that you also acknowledged
with or through your attorney. You also acknowledged and knowingly waived an oral reading of any such conditions by the court at
sentencing. (“If oral adoption [of pertinent PSR provisions] is good enough for the Guidelines calculation, then it should be good enough
for supervision conditions.” United States v. Diggles, 957 F.3d 551, 562 (5th Cir. 2020) (en banc), cert. denied, 141 S. Ct. 825, 208 L.
Ed. 2d 404 (2020)).
Case 2:23-cr-00085-ILRL-KWR Document 33 Filed 10/25/23 Page 2 of 6
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4A — Probation
Judgment—Page
3
of
6
DEFENDANT:
SIEDAH ELEY
CASE NUMBER:
053L 2:23CR00085-001 “B”
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
Case 2:23-cr-00085-ILRL-KWR Document 33 Filed 10/25/23 Page 3 of 6
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4D — Probation
Judgment—Page
4
of
6
DEFENDANT:
SIEDAH ELEY
CASE NUMBER:
053L 2:23CR00085-001 “B”
SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall provide complete access to financial information, including disclosure of all
business and personal finances, to the United States Probation Officer.
2. The defendant shall not apply for, solicit or incur any further debt, included but not limited to
loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or
through any corporate entity, without first obtaining written permission from the United States
Probation Officer.
3. The defendant shall submit to a mental health evaluation. If treatment is recommended, the
defendant shall participate in an approved treatment program and abide by all supplemental
conditions of treatment, to include medication as prescribed. Participation may include
inpatient/outpatient treatment. The defendant will contribute to the costs of services rendered
(co-payment) based on ability to pay or availability of third party payment.
4. The defendant shall consent to a warrantless search or seizure by a United States Probation
Officer of the defendant's person and premises, including any vehicle, to determine compliance
with the conditions of her supervision.
5. The defendant shall pay any restitution that is imposed by this judgment.
6. As directed by the probation officer the defendant shall participate in an approved cognitive
behavioral therapeutic treatment program and abide by all supplemental conditions of treatment.
The defendant shall contribute to the cost of this program to the extent that the defendant is
deemed capable by the United States Probation Officer.
Case 2:23-cr-00085-ILRL-KWR Document 33 Filed 10/25/23 Page 4 of 6
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties
Judgment — Page
5
of
6
DEFENDANT:
SIEDAH ELEY
CASE NUMBER:
053L 2:23CR00085-001 “B”
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment
Restitution
Fine
AVAA Assessment*
JVTA Assessment**
TOTALS
$ 100.00
$ 166,656.00
$
$
$
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
Small Business
Administration
$166,656.00
TOTALS
$
$
166,656.00
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
fine
restitution.
the interest requirement for
fine
restitution is modified as follows:
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
*** 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.
Case 2:23-cr-00085-ILRL-KWR Document 33 Filed 10/25/23 Page 5 of 6
AO 245B (Rev. 09/19)
Judgment in a Criminal Case
Sheet 6 — Schedule of Payments
Judgment — Page
6
of
6
DEFENDANT:
SIEDAH ELEY
CASE NUMBER:
053L 2:23CR00085-001 “B”
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 $
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 SPECIAL ASSESSMENT IS DUE IMMEDIATELY. It is ORDERED that the defendant pay restitution to the Small
Business Administration in the amount of $166,656.00. Payment in the amount of $4,000.00 is due no later than October 26,
2023. Any unpaid balance shall be paid in monthly installments of $300.00 beginning January 1, 2024. Payments are subject to
increase or decrease depending on the defendant’s ability to pay. Payment of the restitution shall be made payable to the Clerk,
U.S. District Court, and is to be forwarded to the following address: U.S. Clerk’s Office, Attn: Financial Section, 500 Poydras
Street, Room C-151, New Orleans, LA 70130. The U.S. Probation and the United States Attorney’s Office are responsible for
enforcement of this order.
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
Case Number
Defendant and Co-Defendant Names
(including defendant number)
Total Amount
Joint and Several
Amount
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:
Forfeiture of the defendant's right, title, and interest in certain property may be ordered consistent with the Plea Agreement and Bill of
Information.
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.
Case 2:23-cr-00085-ILRL-KWR Document 33 Filed 10/25/23 Page 6 of 6File and source
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