Judgment in a Criminal Case — U.S. v. Holly White (E.D. Cal.)

Summary

A judgment in a criminal case in United States v. Holly White, No. 1:21-cr-00184-DAD-BAM, in the U.S. District Court for the Eastern District of California, filed January 25, 2024 as Document 271, with judgment imposed January 16, 2024 and signed by Charles R. Breyer, United States District Judge. The defendant pleaded guilty to count 1 of the Superseding Indictment, conspiracy to commit mail fraud under 18 U.S.C. § 1349, and counts 7 and 8 are dismissed on the government's motion. The court imposes 30 days in custody, with surrender by April 10, 2024, followed by 24 months of supervised release with mental health treatment and financial conditions. It orders a $100.00 assessment and restitution of $100,000.00 to the CA Employment Development Department, jointly and severally with co-defendants Cecelia Allen, Daryol Richmond and Shanice White.

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“Judgment in a Criminal Case — U.S. v. Holly White (E.D. Cal.).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-21-cr-00184-dkt-271-e-d-cal-30ce26dfa9/, SHA-256 1c32687e1bfc53ffe095bb3faeab848513b1657d721a3268ab9cdcab76594284.

Full text

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Case 1:21-cr-00184-DAD-BAM Document 271 Filed 01/25/24 Page 1 of 8
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: 1:21CR00184-003
HOLLY WHITE Defendant's Attorney: Richard Mehdi Oberto, Appointed
AKA: Holly Nicole White
THE DEFENDANT:
pleaded guilty to count(s) 1 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 12/31/2020 1
(Class C Felony)

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(s) 7 and 8 are 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. 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.
1/16/2024
Date of Imposition of Judgment
/s/ Charles R. Breyer
Signature of Judicial Officer
Charles R. Breyer, United States District Judge
Name & Title of Judicial Officer
1/25/2024
Date

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Case 1:21-cr-00184-DAD-BAM Document 271 Filed 01/25/24 Page 2 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 2 - Imprisonment
DEFENDANT: HOLLY WHITE Page 2 of 8
CASE NUMBER: 1:21CR00184-003

IMPRISONMENT

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

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

The court makes the following recommendations to the Bureau of Prisons:

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

The defendant shall surrender to the United States Marshal for this district
at on .
as notified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
before 12:00 PM on 4/10/2024 .
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

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Case 1:21-cr-00184-DAD-BAM Document 271 Filed 01/25/24 Page 3 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
DEFENDANT: HOLLY WHITE Page 3 of 8
CASE NUMBER: 1:21CR00184-003

SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
24 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.

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Case 1:21-cr-00184-DAD-BAM Document 271 Filed 01/25/24 Page 4 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
DEFENDANT: HOLLY WHITE Page 4 of 8
CASE NUMBER: 1:21CR00184-003

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 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 _________________

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Case 1:21-cr-00184-DAD-BAM Document 271 Filed 01/25/24 Page 5 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
DEFENDANT: HOLLY WHITE Page 5 of 8
CASE NUMBER: 1:21CR00184-003

SPECIAL CONDITIONS OF SUPERVISION
1. You must participate in an outpatient mental health treatment program and follow the rules and regulations of that program.
The probation officer, in consultation with the treatment provider, will supervise your participation in the program.
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.
5. You must not incur new credit charges or open additional lines of credit without the approval of the probation officer.
6. 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
at any time, 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.
7. You must participate in a co-payment plan for treatment, testing and/or medication and shall make payment directly to the
vendor under contract with the United States Probation Office. Your co-payment will be determined utilizing a Sliding Fee
Scale based upon your disposable income.

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Case 1:21-cr-00184-DAD-BAM Document 271 Filed 01/25/24 Page 6 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 5 - Criminal Monetary Penalties
DEFENDANT: HOLLY WHITE Page 6 of 8
CASE NUMBER: 1:21CR00184-003

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
$100.00 $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 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 10%
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.

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Case 1:21-cr-00184-DAD-BAM Document 271 Filed 01/25/24 Page 7 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 5B - Criminal Monetary Penalties
DEFENDANT: HOLLY WHITE Page 7 of 8
CASE NUMBER: 1:21CR00184-003

RESTITUTION PAYMENTS
Restitution of $100,000.00, jointly and severally with co-defendant Cecelia Allen (1:21-cr-00184-4), Daryol Richmond (1:21-cr-
00184-1) and Shanice White (1:21-cr-00184-8), to:
CA EMPLOYMENT DEVELOPMENT DEPARTMENT
FRESNO, CA 93718
$100,000.00

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Case 1:21-cr-00184-DAD-BAM Document 271 Filed 01/25/24 Page 8 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 6 - Schedule of Payments
DEFENDANT: HOLLY WHITE Page 8 of 8
CASE NUMBER: 1:21CR00184-003

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 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/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. 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 10% 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 10% 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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