Judgment in a Criminal Case — U.S. v. Daryol Richmond (E.D. Cal.)

Summary

A judgment in a criminal case in United States v. Daryol Richmond, No. 1:21-cr-00184-DAD-BAM, in the U.S. District Court for the Eastern District of California, filed December 23, 2022 as Document 204, with judgment imposed December 19, 2022 by Ana de Alba, United States District Judge. The defendant pleaded guilty to Counts 1 and 2 of the Superseding Indictment, conspiracy to commit mail fraud under 18 U.S.C. § 1349 and aggravated identity theft, and Count 3 is dismissed on the government's motion. The court imposes 41 months on Count 1 and 24 months on Count 2, consecutive, for a total term of 65 months, followed by 36 months of supervised release. It orders a $200.00 assessment and restitution of $100,000.00 to the CA Employment Development Department, with interest waived.

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Case 1:21-cr-00184-DAD-BAM Document 204 _ Filed 12/23/22 Pagel1of8

AO 245B-CAED (Rev. 09/2019) Sheet 1 - Judgment in a Criminal Case

UNITED STATES DISTRICT COURT

Eastern District of California

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v. Case Number: 1:21CR00184-001
DARYOL RICHMOND Defendant's Attorney: Meghan McLoughlin, Assistant Federal Defender

AKA: Nutcase, Nuttcase, Nuttcase 3x, Skangel Moniker, Skangel
Monikertiny, Daryol Derrick Richmond III, X Skangel, X Tiny,
Tiny Moniker, Liltim Monikr, Daryol Derreck Richmond

THE DEFENDANT:

[¥] pleaded guilty to Counts 1and2_ of the Superseding Indictment.

[ ] 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
Conspiracy to Commit Mail Fraud

18 U.S.C. § 1349 (Class C Felony) 12/31/2020 1
Aggravated Identity Theft

18 U.S.C. § 1028A(A)(1) (Class E Felony) 12/31/2020 2

The defendant is sentenced as provided in pages 2 through_—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 3 of the Superseding Indictment is dismissed on the motion of the United States.
] Indictment is to be dismissed by District Court on motion of the United States.

] Appeal rights given. Iv] Appeal rights waived.

[
[
[
[

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 or fine, the defendant must notify the court and United States attorney of material changes in economic
circumstances.

12/19/2022

Date of Imposition of Judgment

Signature of Judicial Officer
Ana de Alba, United States District Judge

Name & Title of Judicial Officer
12/23/2022

Date

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO
Case 1:21-cr-00184-DAD-BAM Document 204 _ Filed 12/23/22 Page2of8

AO 245B-CAED (Rev. 09/2019) Sheet 2 - Imprisonment
DEFENDANT: DARYOL RICHMOND Page 2 of 8
CASE NUMBER: 1:21CR00184-001

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:

41 months on Count 1, 24 months on Count 2 to be served consecutively to each other for a total term of 65 months. The defendant is
sentenced to a total of 65 months in the Bureau of Prisons, to run concurrently with any California state sentences not concluded as of
his federal sentencing date in this case. The defendant shall not accrue any custody credits towards his federal sentence for time served
in state custody until after December 19, 2022..

[|] No TSR: Defendant shall cooperate in the collection of DNA.

[¥] The court makes the following recommendations to the Bureau of Prisons:
The court recommends that the defendant be incarcerated in a California facility, but only insofar as this accords with security
classification and space availability.

[¥] The defendant is remanded to the custody of the United States Marshal.

[1 The defendant shall surrender to the United States Marshal for this district
[] at ___ on __..
[] as notified by the United States Marshal.

[1] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

[] before __ on __.
[] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Officer.

If no such institution has been designated, to the United States Marshal for this district.

[ ] Other, Please Specify:

RETURN
I have executed this judgment as follows:
Defendant delivered on to
at with a certified copy of this judgment.
United States Marshal

By Deputy United States Marshal
Case 1:21-cr-00184-DAD-BAM Document 204 _ Filed 12/23/22 Page3of8

AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
DEFENDANT: DARYOL RICHMOND Page 3 of 8
CASE NUMBER: 1:21CR00184-001

SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of:
36 months on Count 1, 12 months on Count 2, all to be served concurrently for a total term of 36 months.

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 controlled substance. You must submit to one drug test within 15 days of release from
imprisonment and at least two (2) periodic drug tests thereafter, not to exceed four (4) drug tests per month.

[ ] 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 make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution.

[¥] You must cooperate in the collection of DNA as directed by the probation officer.

[ ] 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.

[ ] You must participate in an approved program for domestic violence.

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.
Case 1:21-cr-00184-DAD-BAM Document 204 _ Filed 12/23/22 Page4of8

AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
DEFENDANT: DARYOL RICHMOND Page 4 of 8
CASE NUMBER: 1:21CR00184-001

STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, 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
release from imprisonment, 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 the 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 USS. 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 1:21-cr-00184-DAD-BAM Document 204 _ Filed 12/23/22 Page5of8

AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
DEFENDANT: DARYOL RICHMOND Page 5 of 8
CASE NUMBER: 1:21CR00184-001

SPECIAL CONDITIONS OF SUPERVISION

1. You must submit your person, property, house, residence, vehicle, papers, computer, other electronic communications or data
storage devices or media, or office, to a search conducted by a United States probation officer or any law enforcement officer
under the immediate and personal supervision of the probation officer, based upon reasonable suspicion of unlawful conduct
or a violation of a condition of supervision, without a search warrant. Failure to submit to a search may be grounds for
revocation. You must warn any other occupants that the premises may be subject to searches pursuant to this condition.

2. You must not dispose of or otherwise dissipate any of your assets until the fine and/or restitution ordered by this Judgment is
paid in full, unless you obtain approval of the Court.

3. You must apply all monies received from income tax refunds, lottery winnings, inheritance, judgments, and any anticipated or
unexpected financial gains to any unpaid fine and/or restitution ordered by this Judgment.

4. You 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 the U.S. Attorney's Office.

You must not incur new credit charges or open additional lines of credit without the approval of the probation officer.

6. You must be employed and/or complete community service for a combination of 30 hours per week or participate in a
previously approved educational or vocational program by the probation officer. The probation officer will supervise the
participation in the community service program by approving the program (agency, location, frequency of participation, etc.).
You must provide written verification of completed community service hours to the probation officer.
Case 1:21-cr-00184-DAD-BAM Document 204 _ Filed 12/23/22 Page6of8

AO 245B-CAED (Rev. 09/2019) Sheet 5 - Criminal Monetary Penalties

DEFENDANT: DARYOL RICHMOND Page 6 of 8
CASE NUMBER: 1:21CR00184-001

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.

TOTALS
Processing Fee Assessment AVAA Assessment* JVTA Assessment** Fine Restitution
$200.00 $0.00 $0.00 $0.00 $100,000.00
The determination of restitution is deferred until __ . An Amended Judgment in a Criminal Case (AO 245C) will be entered

after such determination.

The court orders the defendant to pay restitution to the single victim as outlined in the Restitution Attachment on Sheet 5B.

In addition, the court gives notice that this case involves other defendants, or may involve other defendants, who may be held
jointly and severally liable for payment of all or part of the restitution ordered herein and may order such payment in the future.
Such future orders do not increase the amount of restitution ordered against the defendant.

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.

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 [v] restitution

[ ] The interest requirement for the [ ] fine [ restitution is modified as follows:

If incarcerated, payment of any unpaid criminal monetary penalties in this case is due during imprisonment at the rate of 3% of
the defendant’s gross income per month or $25 per quarter, whichever is greater. Payment shall be made through the Bureau of
Prisons Inmate Financial Responsibility Program.

Other:

* 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 1:21-cr-00184-DAD-BAM Document 204 _ Filed 12/23/22
AO 245B-CAED (Rev. 09/2019) Sheet 5B - Criminal Monetary Penalties

DEFENDANT: DARYOL RICHMOND Page 7 of 8
CASE NUMBER: 1:21CR00184-001

Page 7 of 8

RESTITUTION PAYMENTS
Restitution of $100,000.00 to:

CA EMPLOYMENT DEVELOPMENT DEPARTMENT
SACRAMENTO, CA 94299
$100,000.00
Case 1:21-cr-00184-DAD-BAM Document 204 Filed 12/23/22 Page8of8

AO 245B-CAED (Rev. 09/2019) Sheet 6 - Schedule of Payments
DEFENDANT: DARYOL RICHMOND Page 8 of 8
CASE NUMBER: 1:21CR00184-001

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 LIC, [ 1D, | 1E,or [ 1F below; or

B. [¥] Payment to begin immediately (may be combined with LIC, [ 1D, orl“]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/probation 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 Iv] Special instructions regarding the payment of criminal monetary penalties:

If incarcerated, payment of any unpaid criminal monetary penalties in this case is due during imprisonment at the rate of 3% of the
defendant's gross income per month or $25 per quarter, whichever is greater. Payment shall be made through the Bureau of Prisons
Inmate Financial Responsibility Program.

The defendant shall make payments toward any unpaid criminal monetary penalties in this case during supervision at the rate of at
least 3% of your gross monthly income. Payments are to commence no later than 60 days from placement on supervision. This
payment schedule does not prohibit the United States from collecting through all available means any unpaid criminal monetary
penalties at any time, as prescribed by law.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[] 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: The Preliminary Order of
Forfeiture is hereby made final as to this defendant and shall be incorporated into the Judgment.

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.


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