Judgment — U.S. v. Brandon Gully (C.D. Cal.)
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A Judgment and Probation/Commitment Order for Brandon Gully, Docket No. EDCR22-150-JGB-5, in the U.S. District Court for the Central District of California, filed July 12, 2023 as Document 222 in Case 5:22-cr-00150-JGB. Gully, with counsel David Reed, CJA, was convicted of conspiracy to commit mail fraud in relation to benefits connected to a presidentially declared emergency under 18 U.S.C. §§ 1349, 1343 and of mail fraud under 18 U.S.C. §§ 1341, 1343. The court imposes eighteen (18) months of imprisonment, concurrent on Counts 1 and 4, followed by two years of supervised release. It orders a special assessment of $200 and restitution of $528,558 to the California Employment Development Department, joint and several with named co-participants, and waives fines. The defendant is to surrender by October 16, 2023, and the order carries the name of U.S. District Judge Jesus G. Bernal.
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“Judgment — U.S. v. Brandon Gully (C.D. Cal.).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-5-22-cr-00150-dkt-222-c-d-cal-9b2f7a45da/
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Case 5:22-cr-00150-JGB Document 222 Filed 07/12/23 Page 1 of 7 Page ID #:1345
United States District Court JS-3
Central District of California
UNITED STATES OF AMERICA vs. Docket No. EDCR22-150-JGB-5
Defendant Brandon Gully Social Security No. 1 8 9 6
akas: Brandon Aaron Gully (Last 4 digits)
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. 07 10 2023
COUNSEL David Reed, CJA
(Name of Counsel)
PLEA X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to
Commit Mail Fraud in Relation to Benefits Connected to Presidentially Declared Emergency in violation of 18 U.S.C. §§
FINDING
1349, 1343 and Mail Fraud in Relation to Benefits Connected to Presidentially Declared Emergency in violation of 18 U.S.C.
§§ 1341, 1343
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 Brandon Gully
ORDER is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of eighteen (18) months to be
served concurrently on count One and Four of the Indictment.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of two years. This term
consists of two years on each of Counts 1 and 4 of the Indictment, 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. 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.
3. The defendant shall cooperate in the collection of a DNA sample from the defendant.
4. 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.
5. 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.
6. 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.
///
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Case 5:22-cr-00150-JGB Document 222 Filed 07/12/23 Page 2 of 7 Page ID #:1346
USA vs. Brandon Gully Docket No.: EDCR22-150-JGB-5
7. 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.
It is ordered that the defendant shall pay to the United States a special assessment of $200, 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 $528,558 pursuant to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as follows:
Victim Amount
California Employment Development Department $528.558
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 $ 100,
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.
The defendant shall be held jointly and severally liable with co-participants, Robert Campbell Jr. Regjinay Audreana Tate,
Shelbi Dupree, Greg Henderson, Simone Gueringer, Dillon Roberts, and Keith Burns (Docket No. 5:22CR00150) to the
extent that said co-participants are determined liable for the same victim losses ordered in this judgment. The victims'
recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims
receive full restitution.
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.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12
noon on October 16, 2023. In the absence of such designation, the defendant shall report on or before the same date and
time, to the United States Marshal Office located at: United States District Court, 3470 Twelfth St., Room 145, Riverside,
CA 92501.
The Court recommends defendant be designated to a facility location in the Southern California area.
Remaining counts are dismissed in the interest of justice.
The Court informs the defendant of his right to appeal.
///
///
///
///
///
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Case 5:22-cr-00150-JGB Document 222 Filed 07/12/23 Page 3 of 7 Page ID #:1347
USA vs. Brandon Gully Docket No.: EDCR22-150-JGB-5
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.
July 12, 2023
Date Jesus G. Bernal, 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
July 12, 2023 By
Filed Date Tanisha Carrillo, Deputy Clerk
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Case 5:22-cr-00150-JGB Document 222 Filed 07/12/23 Page 4 of 7 Page ID #:1348
USA vs. Brandon Gully Docket No.: EDCR22-150-JGB-5
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:
1. The defendant must not commit another federal, 9. The defendant must not knowingly associate with
state, or local crime; any persons engaged in criminal activity and must
2. The defendant must report to the probation office in not knowingly associate with any person convicted
the federal judicial district of residence within 72 of a felony unless granted permission to do so by
hours of imposition of a sentence of probation or the probation officer. This condition will not apply
release from imprisonment, unless otherwise to intimate family members, unless the court has
directed by the probation officer; completed an individualized review and has
3. The defendant must report to the probation office as determined that the restriction is necessary for
instructed by the court or probation officer; protection of the community or rehabilitation;
4. The defendant must not knowingly leave the 10. The defendant must refrain from excessive use of
judicial district without first receiving the alcohol and must not purchase, possess, use,
permission of the court or probation officer; distribute, or administer any narcotic or other
5. The defendant must answer truthfully the inquiries controlled substance, or any paraphernalia related
of the probation officer, unless legitimately to such substances, except as prescribed by a
asserting his or her Fifth Amendment right against physician;
self-incrimination as to new criminal conduct; 11. The defendant must notify the probation officer
6. The defendant must reside at a location approved by within 72 hours of being arrested or questioned by
the probation officer and must notify the probation a law enforcement officer;
officer at least 10 days before any anticipated 12. For felony cases, the defendant must not possess a
change or within 72 hours of an unanticipated firearm, ammunition, destructive device, or any
change in residence or persons living in defendant’s other dangerous weapon;
residence; 13. The defendant must not act or enter into any
7. The defendant must permit the probation officer to agreement with a law enforcement agency to act as
contact him or her at any time at home or elsewhere an informant or source without the permission of
and must permit confiscation of any contraband the court;
prohibited by law or the terms of supervision and 14. As directed by the probation officer, the defendant
observed in plain view by the probation officer; must notify specific persons and organizations of
8. The defendant must work at a lawful occupation specific risks posed by the defendant to those
unless excused by the probation officer for persons and organizations and must permit the
schooling, training, or other acceptable reasons and probation officer to confirm the defendant’s
must notify the probation officer at least ten days compliance with such requirement and to make
before any change in employment or within 72 such notifications;
hours of an unanticipated change; 15. The defendant must follow the instructions of the
probation officer to implement the orders of the
court, afford adequate deterrence from criminal
conduct, protect the public from further crimes of
the defendant; and provide the defendant with
needed educational or vocational training, medical
care, or other correctional treatment in the most
effective manner.
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USA vs. Brandon Gully Docket No.: EDCR22-150-JGB-5
X 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.
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 non-federal 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 the Probation 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.
The defendant must maintain one personal checking account. All of defendant’s income, “monetary gains,” or other
pecuniary proceeds must be deposited into this account, which must be used for payment of all personal expenses. Records of
all other bank accounts, including any business accounts, must be disclosed to the Probation Officer upon request.
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.
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Case 5:22-cr-00150-JGB Document 222 Filed 07/12/23 Page 6 of 7 Page ID #:1350
USA vs. Brandon Gully Docket No.: EDCR22-150-JGB-5
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
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USA vs. Brandon Gully Docket No.: EDCR22-150-JGB-5
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 10/18) JUDGMENT & PROBATION/COMMITMENT ORDER Page 7 of 7
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