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Amended Judgment in a Criminal Case — United States v. Tyshion Nautese Hicks (Dkt. 288, filed 03/26/25)

Summary

An Amended Judgment in a Criminal Case (Form AO 245C), Document 288, filed 03/26/25 in Case 1:22-cr-00037-LAG-ALS, Case Number: 1:22-CR-00037-LAG-ALS(1), United States of America v. Tyshion Nautese Hicks, in the United States District Court, Middle District of Georgia, signed by Chief United States District Judge Leslie Abrams Gardner with a date of imposition of October 24, 2024. The defendant pleaded guilty to counts 1 and 2, Conspiracy to Commit Mail Fraud, with an offense end date of 11/30/2022, and Aggravated Identity Theft, with an offense end date of 03/26/2021. The judgment imposes 84 months on Count 1 and 24 months on Count 2, served consecutively for a total of 108 months, followed by 3 years of supervised release.

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“Amended Judgment in a Criminal Case — United States v. Tyshion Nautese Hicks (Dkt. 288, filed 03/26/25).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-22-cr-00037-dkt-288-45d2d93af5/, SHA-256 4ef830cbf38fab6e77b64890530580db042ccf0f1bfa39ed4720536800ef9f46.

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                  Case 1:22-cr-00037-LAG-ALS                        Document 288             Filed 03/26/25       Page 1 of 7
AO 245C      Amended Judgment in a Criminal Case                                                              (NOTE: Identify Changes with Asterisks (*))
(Rev. 12/19) Sheet 1


                                           UNITED STATES DISTRICT COURT
                                        Middle District of Georgia
               UNITED STATES OF AMERICA               AMENDED JUDGMENT IN A CRIMINAL CASE
                          V.
                   TYSHION NAUTESE HICKS                                    Case Number:                1:22-CR-00037-LAG-ALS(1)
                                                                            USM Number:                 33924-510
Date of Original Judgment: Click here to enter a date                       ASHLEY E CARNAGE
                                       (Or Date of Last Amended Judgment)   Defendant’s Attorney

THE DEFENDANT:
☒ pleaded guilty to count(s) 1 and 2
☐ 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
18:1349 - Conspiracy to Commit Mail Fraud                                                    11/30/2022                    1
18:1028A - Aggravated Identity Theft                                                         03/26/2021                    2



       The defendant is sentenced as provided in pages 2 through            7        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 24, 2024
                                                                                Date of Imposition of Judgment
                                                                                s/ Leslie Abrams Gardner
                                                                                Signature of Judge
                                                                                LESLIE ABRAMS GARDNER
                                                                                CHIEF UNITED STATES DISTRICT JUDGE
                                                                                Name and Title of Judge
                                                                                03/26/2025
                  Case 1:22-cr-00037-LAG-ALS                    Document 288            Filed 03/26/25          Page 2 of 7
AO 245C      Amended Judgment in Criminal Case                                                           (NOTE: Identify Changes with an Asterisks (*))
(Rev. 12/19) Sheet 2 — Imprisonment

                                                                                                      Judgment — Page       2       of         7
  DEFENDANT:                   TYSHION NAUTESE HICKS
  CASE NUMBER:                 1:22-CR-00037-LAG-ALS(1)



                                                              IMPRISONMENT
           The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
  total term of: 84 months imprisonment as to Count 1 and 24 months imprisonment as to Count 2. Counts 1 and 2 are to be served
  consecutive for a total imprisonment term of 108 months.




       ☐     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                             ☐     a.m.    ☐ p.m.         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 2 p.m. on                                        .

           ☐      as notified by the United States Marshal.

           ☐      as notified by the Probation or Pretrial Services Office.


                                                                   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 1:22-cr-00037-LAG-ALS                   Document 288            Filed 03/26/25            Page 3 of 7
 AO 245C      Amended Judgment in a Criminal Case                                                           (NOTE: Identify Changes with an Asterisks (*))
 (Rev. 12/19) Sheet 3 — Supervised Release
                                                                                                       Judgment—Page           3       of         7
  DEFENDANT:                   TYSHION NAUTESE HICKS
  CASE NUMBER:                 1:22-CR-00037-LAG-ALS(1)

                                                      SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: 3 years of supervised release as to Count 1 and 1
year of supervised release as to Count 2. Count 1 to run concurrent to Count 2 for a total supervised release term of 3 years.

         The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from
the custody of the Bureau of Prisons.



                                                    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
      release from imprisonment 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 make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
            restitution. (check if applicable)
 5. ☒ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
 6. ☐ 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 which you
            reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
 7.   ☐ You must participate in an approved program for domestic violence. (check if applicable)

 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 1:22-cr-00037-LAG-ALS                 Document 288           Filed 03/26/25          Page 4 of 7
 AO 245C      Amended Judgment in a Criminal Case                                                      (NOTE: Identify Changes with an Asterisks (*))
 (Rev. 12/19) Sheet 3A — Supervised Release
                                                                                                    Judgment—Page         4       of         7
  DEFENDANT:                   TYSHION NAUTESE HICKS
  CASE NUMBER:                 1:22-CR-00037-LAG-ALS(1)



                                      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 your
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 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
 USPO Officer’s Signature                                                                         Date
                      Case 1:22-cr-00037-LAG-ALS                                 Document 288                 Filed 03/26/25               Page 5 of 7
   AO 245C          Amended Judgment in a Criminal Case                                                                               (NOTE: Identify Changes with an Asterisks (*))
   (Rev. 12/19)     Sheet 3D — Supervised Release
                                                                                                                                   Judgment—Page            5        of       7
   DEFENDANT:                         TYSHION NAUTESE HICKS
   CASE NUMBER:                       1:22-CR-00037-LAG-ALS(1)

                                                 SPECIAL CONDITIONS OF SUPERVISION
You shall participate in a program of drug and alcohol testing and treatment. The U.S. Probation Office shall administratively supervise your participation in the program by
approving the program, administering the testing, and supervising the treatment. You shall contribute to the costs of such treatment not to exceed an amount determined reasonable
by the court approved "U.S. Probation Office's Sliding Scale for Services", and shall cooperate in securing any applicable third-party payment, such as insurance or Medicaid.

You shall provide financial information to the Probation Officer upon request.

You are prohibited from incurring new credit charges or opening additional lines of credit without approval of the Probation Office.

You shall participate in a mental health treatment program and comply with the treatment regimen of your mental health provider. The U.S. Probation Office shall administratively
supervise your participation in the program by approving the program and monitoring your participation in the program. You shall contribute to the costs of such treatment not to
exceed an amount determined reasonable by the court approved "U.S. Probation Office's Sliding Scale for Services", and shall cooperate in securing any applicable third-party
payment, such as insurance or Medicaid.

You shall submit your person, property, house, residence, vehicle, papers, computers (as defined by 18 U.S.C. § 1030(e)(1)), other electronic communications or data storage
devices or media, or office, to a search conducted by a United States Probation Officer. Failure to submit to a search may be grounds for revocation of release. The Defendant
shall warn any other occupants that the premises may be subject to searches pursuant to this condition.

You will notify the Financial Litigation Unit (FLU), United States Attorney’s Office, of any interest in property obtained, directly or indirectly, including any interest
obtained under any other name, or entity, including a trust, partnership, or corporation until the fine or restitution is paid in full.

You will notify the Financial Litigation Unit (FLU), United States Attorney’s Office, before you transfer any interest in property owned directly or indirectly by you,
including any interest held or owned under any other name or entity, including trusts, partnerships and/or corporations.

You are to fully comply with the Internal Revenue Service officials in regard to any past taxes and/or penalties owed.

You shall comply with the level (#4) restrictions of the Middle District of Georgia's Technology Access Program under the guidance and supervision of the U.S. Probation Office:

You shall submit your computer, associated hardware, cellular devices and digital media for review by the Probation Office. The review may include data you have stored on
remote servers, such as cloud storage, social media applications or any other online account or service.

You shall provide the Probation Office with truthful and complete information regarding all computer hardware, software, Internet providers, cellular devices and storage media
to which you have access, whether at home, work, or other locations. You shall also provide all passwords used on your computer, cellular devices and online accounts.

You are only authorized to use computers or cellular devices that are approved by the Probation Office. Any computer or cellular device in your residence or possession must be
approved by the Probation Office.

You shall not use any network or Internet connection other than those which are authorized by the Probation Office.

You are prohibited from access to the Internet or any public or private computer network at any location unless approved by the Probation Office. This includes but is not limited
to computers or devices located in private homes, libraries, schools, cyber cafes or other public or private locations.

You shall not use or own any device which allows Internet access unless approved by the Probation Office. This includes but is not limited to PDAs, electronic games, Internet
appliances and cellular devices.

All repairs to your authorized computer systems and cellular devices must be pre-approved by the Probation Office. Repairs must be performed by repair locations approved by
the Probation Office. Documentation indicating repairs and reason for repairs must be obtained and submitted to the Probation Office.

You shall not make modifications or install software on authorized computer systems or cellular devices without pre-approval by the Probation Office.

You shall not dispose of computers, storage devices or other Internet capable devices without the approval of the Probation Office.

You will allow the Probation Office to use detection tools to discover the existence of wireless Internet signals or devices at your residence.

You shall relinquish possession of your computer and associated hardware and media to the Probation Office at the onset of supervision, if a review cannot be completed onsite or
if prohibited content is discovered.

You shall not possess or use removable media configured with bootable operating systems or portable web browsers.

You shall notify all parties who reside in your residence of these conditions.

You shall obtain approval and authorization by the Probation Office prior to establishing and/or accessing email accounts, chat rooms, instant messaging services, social networking
sites, peer-to-peer networks or other online environments.
                     Case 1:22-cr-00037-LAG-ALS                           Document 288                Filed 03/26/25              Page 6 of 7
 AO 245C      Amended Judgment in a Criminal Case                                                                          (NOTE: Identify Changes with an Asterisks (*))
 (Rev. 12/19) Sheet 5 — Criminal Monetary Penalties

                                                                                                                  Judgment — Page         6         of          7
  DEFENDANT:                           TYSHION NAUTESE HICKS
  CASE NUMBER:                         1:22-CR-00037-LAG-ALS(1)

                                                CRIMINAL MONETARY PENALTIES
          The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 7.

                                Assessment                 Restitution                     Fine                 AVAA Assessment*              JVTA Assessment**
  TOTALS                                $200.00          *$11,113,322.00                              $.00                   $.00                             $

  ☐ The determination of restitution is deferred until                        An Amended Judgment in a Criminal Case (AO245C) will be
        entered after such determination.
  ☒     The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

        Georgia Department of Labor
        Attn: Lisa Earls, Chief Financial Officer
        148 Andrew Young International Blvd., N.E.
        Atlanta, Georgia 30303


       Payment must be made through the Office of the Clerk of the District Court by bank or cashier’s check or money order made payable to the “Clerk,
       United States District Court”.

       Restitution to be paid jointly and severally with co-defendants in the following amounts: $512,236.00 to be paid jointly and severally with defendant Damanique
       Carmichael, Case Number 1:23-cr-07; $1,241,906.00 to be paid jointly and severally with defendant Edith Hicks, Case Number 1:22-cr-38; $4,359,779.00 to be paid
       jointly and severally with co-defendant Shatara Hubbard, Case Number 1:22-cr-37-2; $139,579.00 to be paid jointly and severally with co-defendant A’darrion
       Alexander, Case Number 1:22-cr-37-6; $33,854.00 to be paid jointly and severally with defendant Noel Mason, Case Number 1:22-cr-48; $55,955.00 to be paid jointly
       and severally with co-defendant Torella Wynn, Case Number 1:22-cr-37-3; and $80,000.00 to be paid jointly and severally with co-defendant Membrish Brown, Case
       Number 1:22-cr-37-7.

          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 $ 11,113,322.00
  ☐ 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:

  * 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 1:22-cr-00037-LAG-ALS                            Document 288                Filed 03/26/25              Page 7 of 7
 AO 245C      Amended Judgment in a Criminal Case                                                                         (NOTE: Identify Changes with an Asterisks (*))
 (Rev. 12/19) Sheet 6 - Schedule of Payments


                                                                                                                     Judgment — Page          7       of          7
  DEFENDANT:                   TYSHION NAUTESE HICKS
  CASE NUMBER:                 1:22-CR-00037-LAG-ALS(1)

                                                            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:
  Any criminal monetary penalty ordered by the court shall be due and payable in full immediately. Present and future assets are subject to
  enforcement and may be included in the treasury offset program allowing qualified federal benefits to be applied to the balance of criminal
  monetary penalties.

  Payment during the term of supervised release will commence within 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. (fine/restitution) payment shall be due during the period of
  imprisonment at the rate of not less than $25 per quarter and pursuant to the bureau of prisons’ financial responsibility program. The value of
  any future assets may be applied to offset the balance of criminal monetary penalties. The defendant may be included in the treasury offset
  program, allowing qualified benefits to be applied to offset the balance of any criminal monetary penalties.

  Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
  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

         Restitution to be paid jointly and severally with co-defendants in the following amounts: $512,236.00 to be paid jointly and severally with defendant Damanique
         Carmichael, Case Number 1:23-cr-07; $1,241,906.00 to be paid jointly and severally with defendant Edith Hicks, Case Number 1:22-cr-38; $4,359,779.00 to be paid
         jointly and severally with co-defendant Shatara Hubbard, Case Number 1:22-cr-37-2; $139,579.00 to be paid jointly and severally with co-defendant A’darrion
         Alexander, Case Number 1:22-cr-37-6; $33,854.00 to be paid jointly and severally with defendant Noel Mason, Case Number 1:22-cr-48; $55,955.00 to be paid jointly
         and severally with co-defendant Torella Wynn, Case Number 1:22-cr-37-3; and $80,000.00 to be paid jointly and severally with co-defendant Membrish Brown, Case
         Number 1:22-cr-37-7.

  ☐      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:

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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