Judgment and Probation/Commitment Order — United States v. Fontrell Antonio Baines (Document 33)

Summary

Judgment and Probation/Commitment Order, Document 33, in United States of America v. Fontrell Antonio Baines, Docket No. CR 22-324-MWF, U.S. District Court, Central District of California, filed January 12, 2023. The order records a guilty plea and convictions for Mail Fraud under 18 U.S.C. § 1341, Felon in Possession of a Firearm and Ammunition, and Possess with Intent to Distribute a Controlled Substance under 21 U.S.C. § 841(a)(1). It commits the defendant to 77 months on each count, concurrently, followed by three years of supervised release, with a $300 special assessment and restitution of $704,760.28 payable to the California Employment Development Department.

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“Judgment and Probation/Commitment Order — United States v. Fontrell Antonio Baines (Document 33).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cr-00324-dkt-33-c-d-cal-53aebe0ab2/, SHA-256 f1b92399f1f7d0830505ffe4fb7ca83792af563b5cbc19571574e964df199dd4.

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Case 2:22-cr-00324-MWF Document 33 Filed 01/12/23 Page 1 of 6 Page ID #:165
United States District Court
Central District of California

CR 20-522-MWF; CR 21-379-MWF;
UNITED STATES OF AMERICA vs. Docket No. CR 22-324-MWF

Defendant Fontrell Antonio Baines Social Security No. 1 5 8 0
FRANKLIN, Fontrell Antoni; BAINES, Lakarius;
(Last 4 digits)
akas: WILLIAMS, Terry

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. DEC. 7 2022

COUNSEL DFPD Ashley S. Mahmoudian and DFPD David Wasserman
(Name of Counsel)

PLEA X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
FINDING There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
Count 1 (Docket No. 20-522): Mail Fraud 18 U.S.C. § 1341.
Count 1 (Docket No. 21-379): Felon in Possession of a Firearm and Ammunition 18 U.S.C. § 922(g)(1), 18 U.S.C. §
924(a)(2); and
Count 2 (Docket No. 22-324): Possess with Intent to Distribute a Controlled Substance 21 U.S.C. § 841(a)(1), 21 U.S.C. §
841(b)(1)(C).
JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
AND PROB/ contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered
COMM that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to
ORDER the custody of the Bureau of Prisons to be imprisoned for a term of:

It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately. Any unpaid balance 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' Inmate Financial
Responsibility Program.

It is ordered that the defendant shall pay restitution in the total amount of $704,760.28 pursuant to 18 U.S.C. § 3663A.

The amount of restitution ordered shall be paid as follows:

Victim Amount

California Employment $704,760.28
Development Department (EDD)

Restitution 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'
Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly
payments of at least 10% of defendant's gross monthly income but not less than $200, whichever is greater, shall be made during the period of
supervised release and shall begin 90 days after the commencement of supervision. Nominal restitution payments are ordered as the Court finds
that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered.

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay
interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).

The defendant shall comply with Second Amended General Order No. 20-04.

Pursuant to Guideline § 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not
likely to become able to pay any fine.
CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 1 of 6
Case 2:22-cr-00324-MWF Document 33 Filed 01/12/23 Page 2 of 6 Page ID #:166

USA vs. Antonio Fontrell Baines Docket No.: CR 20-522-MWF; CR 21-379-MWF;
CR 22-324-MWF

The Court has found that the property identified in the preliminary order of forfeiture is subject to forfeiture. The preliminary order is
incorporated by reference into this judgment and is final.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Fontrell Antonio Baines, is hereby
committed on Count 1 of the Indictment in Docket No. 20-00522, Count 1 in Docket No. 21-00379, and Count 2 in Docket No. 22-00324 to
the custody of the Bureau of Prisons for a term of 77 months. This term consists of 77 months on each of Count 1 of the Indictment in Docket
No. 20-00522, Count 1 in Docket No. 21-00379, and Count 2 in Docket No. 22-00324, to be served concurrently.

The Court recommends that the defendant be considered for participation in the Bureau of Prison's Residential Drug Abuse Program (RDAP).

The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years
on each of Count 1 of the Indictment in Docket No. 20-00522, Count 1 in Docket No. 21-00379, and Count 2 in Docket No. 22-00324, all such
terms to run concurrently under the following terms and conditions:

1. The defendant shall comply with the rules and regulations of the United States Probation & Pretrial Services Office and
Second Amended General Order 20-04, including the conditions of probation and supervised release set forth in Section III
of Second Amended General Order 20-04.

2. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test
within 15 days of release from custody and at least two periodic drug tests thereafter, not to exceed eight tests per month, as
directed by the Probation Officer.

3. The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis,
breath or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using alcohol and illicit
drugs, and from abusing prescription medications during the period of supervision.

4. During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place
the defendant in a residential drug treatment program approved by the U.S. Probation and Pretrial Services Office for
treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant
has reverted to the use of drugs. The defendant shall reside in the treatment program until discharged by the Program Director
and Probation Officer.

5. The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged
from the program by the treatment provider, with the approval of the Probation Officer.

6. As directed by the Probation Officer, the defendant shall pay all or part of the costs of the Court-ordered treatment to the
aftercare contractors during the period of community supervision. The defendant shall provide payment and proof of
payment as directed by the Probation Officer. If the defendant has no ability to pay, no payment shall be required.

7. During the period of community supervision, the defendant shall pay the special assessment and restitution in accordance
with this judgment's orders pertaining to such payment.

8. When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant
shall perform 20 hours of community service per week as directed by the Probation & Pretrial Services Office.

9. The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other
form of identification in any name, other than the defendant's true legal name, nor shall the defendant use, any name other
than the defendant's true legal name without the prior written approval of the Probation Officer.

10. The defendant shall cooperate in the collection of a DNA sample from the defendant.

11. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any
other financial gains to the Court-ordered financial obligation.

12. The defendant shall submit the defendant's person, property, house, residence, vehicle, papers, computers, cell phones, other

CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 2 of 6
Case 2:22-cr-00324-MWF Document 33 Filed 01/12/23 Page 3 of 6 Page ID #:167

USA vs. Antonio Fontrell Baines Docket No.: CR 20-522-MWF; CR 21-379-MWF;
CR 22-324-MWF

electronic communications or data storage devices or media, email accounts, social media accounts, cloud storage accounts,
or other areas under the defendant’s control, to a search conducted by a United States Probation Officer or law enforcement
officer. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other occupants that the
premises may be subject to searches pursuant to this condition. Any search pursuant to this condition will be conducted at a
reasonable time and in a reasonable manner upon reasonable suspicion that the defendant has violated a condition of his
supervision and that the areas to be searched contain evidence of this violation.

13. The defendant shall not associate with anyone known to the defendant to be a member of the Bloods Gang and others known
to the defendant to be participants in the Bloods Gang's criminal activities, with the exception of the defendant's family
members. The defendant may not wear, display, use or possess any gang insignias, emblems, badges, buttons, caps, hats,
jackets, shoes, or any other clothing that defendant knows evidence affiliation with the Bloods Gang, and may not display
any signs or gestures that defendant knows evidence affiliation with the Bloods Gang.

14. As directed by the Probation Officer, the defendant shall not be present in any area known to the defendant to be a location
where members of the Bloods Gang meet or assemble.

The Court authorizes the Probation & Pretrial Services Office to disclose the Presentence Report to the substance abuse treatment provider to
facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment
provider is prohibited without the consent of the sentencing judge.

The defendant is advised of his appeal rights.

The Court grants to government’s motion to dismiss the remaining counts of the Indictments in CR 20-522-MWF and CR 22-324-MWF.

The Court recommends the defendant be designated to a facility near Yazoo, Mississippi.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and
Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of
supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke
supervision for a violation occurring during the supervision period.

January 12, 2023

Date Honorable Michael W. Fitzgerald
U. S. District Judge

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

January 12, 2023 By Rita Sanchez /s/
Filed Date Deputy Clerk

The defendant must comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:

CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 3 of 6
Case 2:22-cr-00324-MWF Document 33 Filed 01/12/23 Page 4 of 6 Page ID #:168

USA vs. Antonio Fontrell Baines Docket No.: CR 20-522-MWF; CR 21-379-MWF;
CR 22-324-MWF

1. The defendant must not commit another federal, state, or local crime; 9. The defendant must not knowingly associate with any persons
2. The defendant must report to the probation office in the federal engaged in criminal activity and must not knowingly associate with
judicial district of residence within 72 hours of imposition of a any person convicted of a felony unless granted permission to do so
sentence of probation or release from imprisonment, unless by the probation officer. This condition will not apply to intimate
otherwise directed by the probation officer; family members, unless the court has completed an individualized
3. The defendant must report to the probation office as instructed by the review and has determined that the restriction is necessary for
court or probation officer; protection of the community or rehabilitation;
4. The defendant must not knowingly leave the judicial district without 10. The defendant must refrain from excessive use of alcohol and must
first receiving the permission of the court or probation officer; not purchase, possess, use, distribute, or administer any narcotic or
5. The defendant must answer truthfully the inquiries of the probation other controlled substance, or any paraphernalia related to such
officer, unless legitimately asserting his or her Fifth Amendment substances, except as prescribed by a physician;
right against self-incrimination as to new criminal conduct; 11. The defendant must notify the probation officer within 72 hours of
6. The defendant must reside at a location approved by the probation being arrested or questioned by a law enforcement officer;
officer and must notify the probation officer at least 10 days before 12. For felony cases, the defendant must not possess a firearm,
any anticipated change or within 72 hours of an unanticipated change ammunition, destructive device, or any other dangerous weapon;
in residence or persons living in defendant’s residence; 13. The defendant must not act or enter into any agreement with a law
7. The defendant must permit the probation officer to contact him or her enforcement agency to act as an informant or source without the
at any time at home or elsewhere and must permit confiscation of permission of the court;
any contraband prohibited by law or the terms of supervision and 14. The defendant must follow the instructions of the probation officer
observed in plain view by the probation officer; to implement the orders of the court, afford adequate deterrence from
8. The defendant must work at a lawful occupation unless excused by criminal conduct, protect the public from further crimes of the
the probation officer for schooling, training, or other acceptable defendant; and provide the defendant with needed educational or
reasons and must notify the probation officer at least ten days before vocational training, medical care, or other correctional treatment in
any change in employment or within 72 hours of an unanticipated the most effective manner.
change;

CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 4 of 6
Case 2:22-cr-00324-MWF Document 33 Filed 01/12/23 Page 5 of 6 Page ID #:169

USA vs. Antonio Fontrell Baines Docket No.: CR 20-522-MWF; CR 21-379-MWF;
CR 22-324-MWF

The defendant must also comply with the following special conditions (set forth below).

STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS

The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not applicable
for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check or money
order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number. Payments
must be delivered to:

United States District Court, Central District of California
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012

or such other address as the Court may in future direct.

If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.

The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).

The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k).
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C.
§ 3563(a)(7).

Payments will be applied in the following order:

1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.

CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS

As directed by the Probation Officer, the defendant must provide to theProbation Officer: (1) a signed release authorizing credit
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement,
with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply for any loan
or open any line of credit without prior approval of the Probation Officer.

When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.

The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 5 of 6
Case 2:22-cr-00324-MWF Document 33 Filed 01/12/23 Page 6 of 6 Page ID #:170

USA vs. Antonio Fontrell Baines Docket No.: CR 20-522-MWF; CR 21-379-MWF;
CR 22-324-MWF

RETURN

I have executed the within Judgment and Commitment as follows:
Defendant delivered on to
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal

By
Date Deputy Marshal

CERTIFICATE

I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.
Clerk, U.S. District Court

By
Filed Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
supervision, and/or (3) modify the conditions of supervision.

These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

(Signed)
Defendant Date

U. S. Probation Officer/Designated Witness Date

CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 6 of 6

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