Judgment in a Criminal Case, U.S. v. Monica Faye Barnes, No. 5:23-cr-94, Dkt. 46 (E.D.N.C.)
Summary
A Judgment in a Criminal Case for Monica Faye Barnes, Case Number 5:23-CR-94-2D, in the U.S. District Court for the Eastern District of North Carolina, filed July 28, 2023 as Document 46. Monica Faye Barnes pleaded guilty to count 1, Conspiracy to Commit Wire Fraud under 18 U.S.C. § 1349, with the offense ended 9/30/2021. The sentence is 12 months and 1 day in prison, with a recommendation for placement at FCI Alderson, followed by 3 years of supervised release. The judgment orders a $100.00 assessment and restitution of $153,711.46 to the U.S. Small Business Administration, joint and several with Quentin Allen Jackson, Schunda Coleman and Edward Sheldon Whitaker. The judge named is James C. Dever.
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Cite this document
“Judgment in a Criminal Case, U.S. v. Monica Faye Barnes, No. 5:23-cr-94, Dkt. 46 (E.D.N.C.).”
Original at ecf.nced.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-in-a-criminal-case-u-s-v-monica-faye-barnes-no-5-23-cr-94-dkt-aeb94bfa1d/
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AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet I
UNITED STATES DISTRICT COURT
Eastern District of North Carolina
)
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
v. )
MONICA FAYE BARNES )
Case Number: 5:23-CR-94-2D
)
) USMNumber: 56260-510
)
) David William Long
) Defendant's Attorney
THE DEFENDANT:
~ pleaded guilty to count(s) 1.
__:__:_ ________________________________,____
D pleaded nolo contendere to count(s)
which was accepted by the court.
D was found guilty on count(s)
after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
' i
Title & Section Nature of Offense Offense Ended Co~nt
18 u.s.c. § 1349 Conspiracy to Commit Wire Fraud 9/30/2021 1
18 u.s.c. § 1343
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.
D The defendant has been found not guilty on count(s)
D Count(s) _ _ _ _ _ _ _ _ _ _ _ _ _ D is Dare dismissed on the motion of the United States. I
It is ordered that the defendant must notify the United States attorney for this district within 30 day:s of any change ofname, Jesidence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defenaant must notify the court and United States attorney of material clianges in economic circumstances. [
7/28/2023 I
Date oflmposition of Judgment
Signabe of Judge
I
I
JAMES C. DEVER Ill, US DISTRICT COURT JUD~E
Name and Title of Judge
7/28/2023
Date
Case 5:23-cr-00094-D Document 46 Filed 07/28/23 Page 1 of 8
AO 245B (Rev. 09/19) Judgment in Criminal Case
Sheet 2 - Imprisonment
Judgment- Page 2 of 8
DEFENDANT: MONICA FAYE BARNES
CASE NUMBER: 5:23-CR-94-2D
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total term of: ·
12 months and 1 day.
~ The court makes the following recommendations to the Bureau of Prisons:
The court recommends vocational training/ educational opportunities and placement at FCI Alderson .
. D The defendant is remanded to the custody of the United States Marshal.
D The defendant shall surrender to the United States Marshal for this district:
D at D p.m.
- - - - - - - - - - D a.m. on
D as notified by the United States Marshal.
~ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
D before 2 p.m. on
D 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 5:23-cr-00094-D Document 46 Filed 07/28/23 Page 2 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 - Supervised Release
Judgment-Page 3 of 8
DEFENDANT: MONICA FAYE BARNES
CASE NUMBER: 5:23-CR-94-2D
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
3 years.
MANDATORY CONDITIONS 1
1. You must not commit another federal, state or local crime. I
2. You must not unlawfully possess a controlled substance. , I
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. D 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) I
5. llf You must cooperate in the co.llection of DNA as directed by the probation officer. (check if applicable) /
6. D You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et se~.) as
directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location wher~ you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable) !
7. D 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 5:23-cr-00094-D Document 46 Filed 07/28/23 Page 3 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3A - Supervised Release
Judgment--,--Page - ~4- - - 0
r - - -!8~ - -
DEFENDANT: MONICA FAYE BARNES
CASE NUMBER: 5:23-CR-94-2D
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are ~posed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by pr9bation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition. I
I
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 diffe~ent time
frame. ,
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about ho\\\ and
when you must report to the probation officer, and you must report to the probation officer as instructed. I
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. . i
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 wit~in 72
hours of becoming aware of a change or expected change. I
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 3 0 hours per week) at a lawful type of employment, unless the probation officer excuses yot;i from
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer ex~uses
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 i
becoming aware of a change or expected change. I
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 df the
probation officer. :
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. I
I 0. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything 1that was
designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or ~asers).
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 ~e
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 ofProbation and Supervised
Release Conditions, available at: www.uscourts.gov. [
I
Defendant's Signature D a t e - - - - - - - - ~ [_ __
Case 5:23-cr-00094-D Document 46 Filed 07/28/23 Page 4 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3D- Supervised Release
Judgment-Page 5 of i 8
DEFENDANT: MONICA FAYE BARNES I
CASE NUMBER: 5:23-CR-94-2D
I
I
SPECIAL CONDITIONS OF SUPERVISION I
The defendant shall submit to financial or consumer credit counseling as directed by the probation office. I
I
I
The defendant shall not incur new credit charges or open additional lines of credit without approval of the probation ofice.
I
II
The defendant shall provide the probation office with access to any requested financial information.
I
I
The defendant must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizin'g a
sentence of restitution. I
I
!
I
Case 5:23-cr-00094-D Document 46 Filed 07/28/23 Page 5 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties
Judgment-Page __6__ of i8
DEFENDANT: MONICA FAYE BARNES
CASE NUMBER: 5:23-CR-94-2D
CRIMINAL MONETARY PENALTIES i
I
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. I
I
I
I
Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 100.00 $ 153,711.46 $ $ $
I
D The determination ofrestitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be
----- I
entered after such determination.
D The defendant must make restitution (including community restitution)to the following payees in the amount listed below.
I
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the prioricy or~er or perc!!ntage payment column bel_ow. However, pursuant to 18 U.S.C. § 3664l1), all nonfederal victims m~st be paid
before the Umted States 1s paid. :
I
Name of Payee Total Loss*** Restitution Ordered Priority or PerceJtage
U.S. Small Business Administration $153,711.46 $153,711.46 100
721 19th Street,
3rd Floor, Room 302,
Denver, CO 80202
TOTALS $ 153,711.46 $ 153,711.46
---------- ----------
D Restitution amount ordered pursuant to plea agreement $
D The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be s~bject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). I
liZl The court determined that the defendant does not have the ability to pay interest and it is ordered that:
ill the interest requirement is waived for the D fine liZl restitution.
D the interest requirement for the D fine D restitution is modified as follows:
* Amy, Vicky, and Andy Child Pomograph_y Victim Assistance Act of 2018, Pub. L. No. 115-299. !
** Justice for Victims of Trafficking A.ct of 2015, Pub. L. No. 114-22. ,
*** Findings for the total amount oflosses are required under Chapters 109A, 110, llOA, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996. j
Case 5:23-cr-00094-D Document 46 Filed 07/28/23 Page 6 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6 - Schedule of Payments
Judgment- Page _7.,____ of 8
DEFENDANT: MONICA FAYE BARNES
CASE NUMBER: 5:23-CR-94-2D
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A D Lump sum payment of$ _ _ _ _ _ _ _ due immediately, balance due
□ not later than _ _ _ _ _ _ _ _ _ _ , or I
□ in accordance with D C, D D, D E, or D Fbelow; or
~ ~ F below); or
I
B Payment to begin immediately (may be combined with □ c, DD,or
I
C D Payment in equal _ _ _ _ _ (e.g., weekly, monthly, quarterly) installments of $ ____ over a period of I
(e.g., months or years), to commence _ _ _ _ _ (e.g., 30 or 60 days) after the date of this judgment; or
D D Payment in equal _ _ _ _ _ (e.g., weekly, monthly, quarterly) installments of $ ____ over a period of
term of supe:;~f;n7:;ths or years), to commence _ _ _ _ _ (e.g., 30 or 60 days) after release from imprisonment to i i
E D Payment during the term of supervised release will commence within _ _ _ _ _ (e.g., 30 or 60 days) after release frob
imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time;!or
I
F liZl Special instructions regarding the payment of criminal monetary penalties: j
Payment of the special assessment is due in full immediately. The court orders that the defendant pay a minjmum
payment of $25 per quarter through the IFRP. The court, having considered the defendant's financial resour9es
and ability to pay, orders that any balance still owed at the time of release shall be paid in installments of $200 per
month to begin 60 days after the defendant's release from prison. :
I
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is dJe during
the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons1 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.
Ill Joint and Several
Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate I
Dontrell Rayshare Barnes
153,711.46 153,711.46
5:23-CR-94-1 D
□ The defendant shall pay the cost of prosecution.
i
□ The defendant shall pay the following court cost(s): I
Ill The defendant shall forfeit the defendant's interest in the following property to the United States: /
The defendant shall forfeit to the United States the defendant's interest in the property specified in the Preliminary Order
of Forfeiture entered on 04/28/2023.
Payments shall be applied in the following order: (1) assessment, (2) restitution princ~al, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, mcluding cost of:
prosecutron and court costs. ;
. '
i
Case 5:23-cr-00094-D Document 46 Filed 07/28/23 Page 7 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6A - Schedule of Payments
Judgment-Page 8 of ---'---'8~_
DEFENDANT: MONICA FAYE BARNES
CASE NUMBER: 5:23-CR-94-2D
ADDITIONAL DEFENDANTS AND CO-DEFENDANTS HELD JOINT AND SEVERAL!
Case Number i
Defendant and Co-Defendant Names Joint and Several Corresponding Pay~e,
(includin~ defendant number) Total Amount Amount if appropriate i
I
Quentin Allen Jackson !
5:22-CR-180-1 D $153,711.46 $153,711.46
I
lI
I
Schunda Coleman
5:22-CR-257-2D $153,711.46 $153,711.46 i
Edward Sheldon Whitaker
5:22-CR-257-1 D $153,711.46 $153,711.46
Case 5:23-cr-00094-D Document 46 Filed 07/28/23 Page 8 of 8
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