Judgment in a Criminal Case — No. 2:21-cr-00303 (Dkt. 22, May 12, 2022)
Summary
A judgment in a criminal case in United States of America v. Kash King Fuller, aka Kenneth Calhoun, Jr., Case Number 2:21-cr-00303-JAD-EJY, in the U.S. District Court for the District of Nevada, Document 22, filed 05/12/22. The defendant pleaded guilty to counts 1-4 of the Information: wire fraud under 18 U.S.C. § 1343, bank fraud under 18 U.S.C. § 1344(1), and concealment money laundering under 18 U.S.C. § 1956(a)(1)(B)(i). The sentence is 27 months per count, concurrent, and concurrent to a Nevada state case, followed by 3 years of supervised release per count. A restitution list names the United States Small Business Administration, Clark County Credit Union and Capital One, with total restitution of $149,460. The judgment names Jennifer A. Dorsey, U.S. District Judge.
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“Judgment in a Criminal Case — No. 2:21-cr-00303 (Dkt. 22, May 12, 2022).”
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Case 2:21-cr-00303-JAD-EJY Document 22 Filed 05/12/22 Page 1 of9 AO 245B (Rev. 09/20) Judgment in a Criminal Case Sheet | UNITED STATES DISTRICT COURT District of Nevada UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE KASH Ne FULLER Case Number: 2:21-cr-00303-JAD-EJY aka Kenneth Calhoun, Jr. USM Number: 85067-509 LaRonda Martin, AFPD Defendant’s Attorney THE DEFENDANT: M pleaded guilty to count(s) 1-4 of the Information [ECF No. 6] L pleaded nolo contendere to count(s) which was accepted by the court. CL 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 U.S.C. § 1343 Wire Fraud 6/23/2020 1 18 U.S.C. § 1344(1) Bank Fraud 1/10/2018 2 18 U.S.C. § 1344(1) Bank Fraud 3/18/2018 3 The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. L] The defendant has been found not guilty on count(s) L] Count(s) LI is L] are dismissed on the motion of the United States. _. Itis 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. 5/9/2022 Date of Imposition of Judgment Signature of Judge a) () Jennifer A. Dorsey, U.S. District Judge Name and Title of Judge 5/12/2022 Date Case 2:21-cr-00303-JAD-EJY Document 22 Filed 05/12/22 Page 2 of 9 AO 245B (Rev. 09/20) Judgment in a Criminal Case Sheet 1A Judgment—Page 2 of DEFENDANT: KASH KING FULLER aka Kenneth Calhoun, Jr. CASE NUMBER: 2:21-cr-00303-JAD-EJY ADDITIONAL COUNTS OF CONVICTION Title & Section Nature of Offense Offense Ended Count 18 U.S.C. § 1956(a)(1)(B)(i) Concealment Money Laundering 7/1/2022 4 Case 2:21-cr-00303-JAD-EJY Document 22 Filed 05/12/22 Page 3 of 9 AO 245B (Rev. 09/20) Judgment in Criminal Case Sheet 2 — Imprisonment Judgment — Page 3 of 8 DEFENDANT: KASH KING FULLER aka Kenneth Calhoun, Jr. CASE NUMBER: | 2:21-cr-00303-JAD-EJY IMPRISONMENT The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: 27 MONTHS, PER COUNT, CONCURRENT and also to run concurrent to Nevada State Case No. C-21-354670-1. Wi The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be designated to FCI Phoenix or FCI Sheridan based on proximity to family. Wi 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: O at [lam 0 pm. on C1 as notified by the United States Marshal. L] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: L] before 12 p.m. on L1 as notified by the United States Marshal. C1 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 2:21-cr-00303-JAD-EJY Document 22 Filed 05/12/22 Page 4 of 9 AO 245B (Rev. 09/20) | Judgment in a Criminal Case Sheet 3 — Supervised Release Judgment—Page 4 of 8 DEFENDANT: KASH KING FULLER aka Kenneth Calhoun, Jr. CASE NUMBER: 2:21-cr-00303-JAD-EJY SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of: 3 YEARS, PER COUNT, CONCURRENT and must comply with the following standard conditions, mandatory conditions, and special conditions: 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. 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 your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time rame. 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. 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. 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 nunchakus 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 specific risks posed by your criminal record and you must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the specific risks posed by your criminal record. You must follow the instructions of the probation officer related to the conditions of supervision. Case 2:21-cr-00303-JAD-EJY Document 22 Filed 05/12/22 Page 5of9 AO 245B (Rev. 09/20) Judgment in a Criminal Case Sheet 3A — Supervised Release DEFENDANT: KASH KING FULLER aka Kenneth Calhoun, Jr. Judgment—Page ) of 8 CASE NUMBER: 2:21-cr-00303-JAD-EJY MANDATORY CONDITIONS OF SUPERVISION 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, not to exceed 104 tests annually. 1 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. You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of restitution. 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 Date Signature Case 2:21-cr-00303-JAD-EJY Document 22 Filed 05/12/22 Page 6 of 9 AO 245B (Rev. 09/20) Judgment in a Criminal Case Sheet 3D — Supervised Release Judgment—Page 6 of 8 DEFENDANT: KASH KING FULLER aka Kenneth Calhoun, Jr. CASE NUMBER: 2:21-cr-00303-JAD-EJY SPECIAL CONDITIONS OF SUPERVISION 1. Alcohol Abuse Treatment — You must participate in an outpatient alcohol abusetreatment program and follow the rules and regulations of that program. The probation officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.). 2. No Alcohol — You must not use or possess alcohol. 3. Access to Financial Information — You must provide the probation officer access to any requested financial information and authorize the release of any financial information. The probation office will share financial information with the U.S. Attorney’s Office. 4. Debt Obligations — You must not incur new credit charges, or open additional lines of credit without the approval of the probation officer. 5. Place Restriction — Types of Establishments — You must not knowingly enter any gambling establishment without first obtaining the permission of the probation officer. 6. Gambling Treatment — You must participate in a gambling addiction treatment program and follow the rules and regulations of that program. The probation officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.). 7. No Gambling — You must not engage in any form of gambling (including, but not limited to, lotteries, on-line wagering, sports betting) and you must not enter any casino or other establishment, except for the purpose of employment, as approved and directed by the probation officer, where gambling is the primary purpose (e.g., horse tracks, offtrack betting establishments). 8. Search and Seizure — You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 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. You must warn any other occupants that the premises may be subject to searches pursuant to this condition. The probation officer may conduct a search under this condition only when reasonable suspicion exists that you have violated a condition of supervision and that the areas to be searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable manner. Case 2:21-cr-00303-JAD-EJY Document 22 Filed 05/12/22 Page 7 of 9 AO 245B (Rev. 09/20) Judgment in a Criminal Case Sheet 5 — Criminal Monetary Penalties Judgment — Page T of 8 DEFENDANT: KASH KING FULLER aka Kenneth Calhoun, Jr. CASE NUMBERR: 2:21-cr-00303-JAD-EJY 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 $ 400.00 $ 149,460.00 $ $ $ L]_ The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. W\ 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 pro ortioned 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 RESTITUTION LIST ATTACHED TOTALS $ 0.00 $ 0.00 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). ¥1 The court determined that the defendant does not have the ability to pay interest and it is ordered that: M1 the interest requirement is waived forthe [ fine M_ restitution. (1 the interest requirement forthe 1 fine (1 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 2:21-cr-00303-JAD-EJY Document 22 Filed 05/12/22 Page 8 of 9 AO 245B (Rev. 09/20) Judgment in a Criminal Case Sheet 6 — Schedule of Payments Judgment — Page 8 of 8 DEFENDANT: KASH KING FULLER aka Kenneth Calhoun, Jr. CASE NUMBER: 2:21-cr-00303-JAD-EJY SCHEDULE OF PAYMENTS Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows: A @M_ Lump sum payment of $ 149,860.00 due immediately, balance due C1 snot later than , or Mo oinaccordancewith C, OF D, OF E,or WM F below; or B- (1 Payment to begin immediately (may be combined with LIC, [L1D,or (CF below); or C (1 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 (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 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 WM _ Special instructions regarding the payment of criminal monetary penalties: Any unpaid balance must be paid at a monthly rate of not less than 10% of any income earned during incarceration and/or gross income while on supervision, subject to adjustment by the Court based upon ability to pay. 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. (1 = Joint and Several Case Number ; ; Defendant and Co-Defendant Names Joint and Several Corresponding Payee, (including defendant number) Total Amount Amount if appropriate L] The defendant shall pay the cost of prosecution. L] The defendant shall pay the following court cost(s): L] 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. Case 2:21-cr-00303-JAD-EJY Document 22 Filed 05/12/22 Restitution List United States v. Kash King Fuller, 2:21-cr-303-JAD-EJY Victim Page 9 of 9 Amount Owed United States Small Business Administration P.O. Box 3918 Portland, OR 97208-3918 Clark County Credit Union Attn: Correspondence P.O. Box 36490 Las Vegas, NV 89133-6490 Capital One Attn: General Correspondence P.O. Box 30285 Salt Lake City, UT 84130-0287 $102,400 $15,000 $32,060 Total Restitution $149,460
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