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Judgment in a Criminal Case — No. 3:22-cr-01239 (Dkt. 238, S.D. Cal.)

Summary

A Judgment in a Criminal Case in United States v. Devante Jefferson (4), Case Number 22-CR-1239-CAB, in the United States District Court for the Southern District of California, filed March 29, 2024 as Document 238. The defendant pleaded guilty to Count One of the one-count superseding information, conspiracy to commit mail and wire fraud under 18 USC 1349, and the remaining counts were dismissed. The court imposes 30 months, to run consecutive to a state court sentence in Case No. BA458252, followed by three years of supervised release. The $100.00 special assessment is waived and remitted as uncollectible, no fine is imposed, and the defendant is ordered to pay restitution of $20,624.00 to the United States of America, with forfeiture under an order filed 3/29/2024.

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“Judgment in a Criminal Case — No. 3:22-cr-01239 (Dkt. 238, S.D. Cal.).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-in-a-criminal-case-no-3-22-cr-01239-dkt-238-s-d-cal-2447ef8b86/, SHA-256 dfb682cb8e3e1947151320c8a291ffc2a78d806a88c25456fbb75f7f358b454d.

Full text

              Case 3:22-cr-01239-CAB Document 238 Filed 03/29/24 PageID.<pageID> Page 1 of 6

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
                                                                                                                         FILED
                                                                                                                         MAR 2 9 2024
                                                                                                            h
                                          UNITED STATES DISTRICT COUR" !l ()1.1'1'!K.·U.tl. DISTRICT COURT
                                              SOUTHERN DISTRICT OF CALIFORNIA                               av°!.JTHeRN DIS             T OF CALIFORN 1
                                                                                                                   . ,g.....,_,,,~.•- -
                                                                                                                                    ·--~DEPU         ¢v
                   UNITED STATES OF AMERICA                               JUDGMENT IN A CRIMINAL CASE
                                     V.                                   (For Offenses Committed On or After November 1, 1987)

                      DEVANTE JEFFERSON (4)                                  Case Number:         22-CR-1239-CAB

                                                                          NICHOLAS DePENTO
                                                                          Defendant's Attorney
USM Number                           08249510
 □       -
THE DEFENDANT:
lZI pleaded guilty to count(s)             ONE (1) OF THE ONE-COUNT SUPERSEDING INFORMATION

 D  was found guilty on count(s)
    after a olea of not guiltv.
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):
                                                                                                                                Count
Title & Section                           Nature of Offense                                                                    Number(s)
18 USC 1349                               CONSPIRACY TO COMMIT MAIL AND WIRE FRAUD                                                1




     The defendant is sentenced as provided in pages 2 through                      6            of this judgment.
 The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
 D The defendant has been found not guilty on count(s)
 1zi:1   Count(s)      REMAINING AGAINST DEFENDANT                   is         dismissed on the motion of the United States.

             Assessment: $100.00
 lzi:l       Pursuant to the motion of the United States under 18 USC 3573, the special assessment provided for under 18 USC 3013 is
             waived and remitted as uncollectible.
 D           NTA Assessment*: $
             *Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
 lzi:l
     No fine                lZI Forfeiture pursuant to order filed 3/29/2024                          , included herein.
        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
 any material change in the defendant's economic circumstances.




                                                                                                    ncivengo
                                                                                                    DISTRICT JUDGE
       Case 3:22-cr-01239-CAB Document 238 Filed 03/29/24 PageID.<pageID> Page 2 of 6

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

DEFENDANT:                DEVANTE JEFFERSON (4)                                                    Judgment - Page 2 of 6
CASE NUMBER:              22-CR-1239-CAB

                                                  IMPRISONMENT
 The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
 30 MONTHS TO RUN CONSECUTIVE TO STATE COURT SENTENCE IN CASE NO. BA458252.




 □     Sentence imposed pursuant to Title 8 USC Section 1326(b).
 IZl   The court makes the following recommendations to the Bureau of Prisons:
       PLACEMENT IN THE WESTERN REGION/SOUTHERN DISTRICT OF CALIFORNIA TO
       FACILITATE FAMILY VISITATIONS.




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

 □     The defendant must surrender to the United States Marshal for this district:
        □    at
                  - - - - - - - - - A.M.                       on
                                                                    ------------------
        □    as notified by the United States Marshal.

       The defendant must surrender for service of sentence at the institution designated by the Bureau of
  □
       Prisons:
        □    on or before
        □    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



                                                                                                      22-CR-1239-CAB
            Case 3:22-cr-01239-CAB Document 238 Filed 03/29/24 PageID.<pageID> Page 3 of 6

     AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

     DEFENDANT:               DEVANTE JEFFERSON (4)                                                         Judgment - Page 3 of 6
     CASE NUMBER:             22-CR-1239-CAB

                                                 SUPERVISED RELEASE
Upon release from imprisonment, the defendant will be on supervised release for a term of:
THREE (3) YEARS.

                                              MANDATORY CONDITIONS
1. The defendant must not commit another federal, state or local crime.
2. The defendant must not unlawfully possess a controlled substance.
3. The defendant must not illegally possess a controlled substance. The defendant must refrain from any unlawful use of a
   controlled substance. The defendant 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. Testing requirements will not exceed submission of more
   than 4 drug tests per month during the term of supervision, unless otherwise ordered by the court.
        □ The above drug testing condition is suspended, based on the court's determination that the defendant poses a low
           risk of future substance abuse. (check if applicable)
4. IZIThe defendant 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. IZIThe defendant must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6.    □ The defendant 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 the defendant resides, works, is a student, or was convicted of a qualifying offense. (check if
      applicable)
7.    □ The defendant must participate in an approved program for domestic violence. (check if applicable)

The defendant must comply with the standard conditions that have been adopted by this court as well as with any other
conditions on the attached page.




                                                                                                              22-CR-1239-CAB
         Case 3:22-cr-01239-CAB Document 238 Filed 03/29/24 PageID.<pageID> Page 4 of 6

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

 DEFENDANT:                  DEVANTE JEFFERSON (4)                                                                   Judgment - Page 4 of 6
 CASE NUMBER:                22-CR-1239-CAB

                                     STANDARD CONDITIONS OF SUPERVISION
As part of the defendant's supervised release, the defendant must comply with the following standard conditions of
supervision. These conditions are imposed because they establish the basic expectations for the defendant's 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 the defendant's conduct and condition.

1. The defendant must report to the probation office in the federal judicial district where they are authorized to reside within 72
   hours of their release from imprisonment, unless the probation officer instructs the defendant to report to a different probation
   office or within a different time frame.

2. After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer
   about how and when the defendant must report to the probation officer, and the defendant must report to the probation officer
   as instructed.

3. The defendant must not knowingly leave the federal judicial district where the defendant is authorized to reside without first
   getting permission from the court or the probation officer.

4. The defendant must answer truthfully the questions asked by their probation officer.

5. The defendant must live at a place approved by the probation officer. If the defendant plans to change where they live or
   anything about their living arrangements (such as the people living with the defendant), the defendant must notify the
   probation officer at least IO days before the change. If notifying the probation officer in advance is not possible due to
   unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a change or
   expected change.

6. The defendant must allow the probation officer to visit them at any time at their home or elsewhere, and the defendant must
   permit the probation officer to take any items prohibited by the conditions of their supervision that he or she observes in plain
   view.

7. The defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer
   excuses the defendant from doing so. If the defendant does not have full-time employment the defendant must try to find full-
   time employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where the
   defendant works or anything about their work (such as their position or their job responsibilities), the defendant must notify the
   probation officer at least IO days before the change. If notifying the probation officer at least IO days in advance is not possible
   due to unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a
   change or expected change.

8. The defendant must not communicate or interact with someone they know is engaged in criminal activity. If the defendant
   knows someone has been convicted of a felony, they must not knowingly communicate or interact with that person without
   first getting the permission of the probation officer.

9. If the defendant is arrested or questioned by a law enforcement officer, the defendant must notify the probation officer within 72 hours.

 10. The defendant 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 lasers).

11. The defendant must not act or make any agreement with a law enforcement agency to act as a confidential hmnan source or
    informant without first getting the permission of the court.

 12. If the probation officer determines the defendant poses a risk to another person(including an organization), the probation
     officer may require the defendant to notify the person about the risk and the defendant must comply with that instruction.
     The probation officer may contact the person and confmn that the defendant notified the person about the risk.

 13. The defendant must follow the instructions of the probation officer related to the conditions of supervision.



                                                                                                                       22-CR-1239-CAB
      Case 3:22-cr-01239-CAB Document 238 Filed 03/29/24 PageID.<pageID> Page 5 of 6

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

DEFENDANT:            DEVANTE JEFFERSON (4)                                                    Judgment - Page 5 of 6
CASE NUMBER:          22-CR-1239-CAB

                               SPECIAL CONDITIONS OF SUPERVISION


1.     Participate in a cognitive behavioral treatment program as directed by the probation officer, and if deemed
       necessary by the probation officer. Such program may include group sessions led by a counselor, or
       participation in a program administered by the probation office. The defendant may be required to
       contribute to the cost of the service rendered (copayment) in the amount to be determined by the program
       officer, based on the defendant's ability to pay.

2.     Submit to a search of person, property, house, residence, office, vehicle, papers, cellular phone, computer
       or other electronic communication or data storage devices or media effects, conducted by a United States
       Probation Officer or any federal, state, or local law enforcement officer, at any time with or without a
       warrant, and with or without reasonable suspicion. Failure to submit to such a search may be grounds for
       revocation; you shall warn any other residents that the premises may be subject to searches pursuant to
       this condition.

3.     Report all vehicles owned or operated, or in which you have an interest, to the probation officer.

4.     Must not associate with any person who you know, or who a probation officer or other law enforcement
       officer informs you is an "Inglewood Family Gangster Bloods" criminal street gang member or any other
       known criminal street gang member or known participant in a criminal street gang, unless given
       permission by the probation officer.

5.     Must not wear, display, use or possess any insignias, photographs, emblems, badges, buttons, caps, hats,
       jackets, shoes, flags, scarves, bandanas, shirts, or other articles of clothing that are known to represent
       gang affiliation, association with or membership in the "Inglewood Family Gangster Bloods" criminal
       street gang or any other criminal street gang, unless given permission by the probation officer.

6.     Must not knowingly loiter or be present in locations known to be areas where gang members congregate,
       unless given permission by the probation officer.

7.     Must not display any known gang signs or gestures.

8.     Provide complete disclosure of personal and business financial records to the probation officer as
       requested.

9.     Notify the Collections Unit, 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.

10.    Notify the Collections Unit, United States Attorney's Office, before transferring any interest in property
       owned, directly or indirectly, including any interest held or owned under any other name, or entity,
       including a trust, partnership, or corporation.

II



                                                                                                  22-CR-1239-CAB
         Case 3:22-cr-01239-CAB Document 238 Filed 03/29/24 PageID.<pageID> Page 6 of 6

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

DEFENDANT:             DEVANTE JEFFERSON (4)                                        Judgment - Page 6 of 6
CASE NUMBER:           22-CR-1239-CAB

                                           RESTITUTION

The defendant shall pay restitution in the amount of   $20,624.00   unto the United States of America.

     •   ORDER OF RESTITUTION FILED AND TO FOLLOW.




II




                                                                                      22-CR-1239-CAB


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