Judgment in a Criminal Case — United States v. Christina Smith, Eastern District of California (Document 39)

Summary

An AO 245B Judgment in a Criminal Case for Christina Smith, Case Number 1:20CR00253-002, in the U.S. District Court for the Eastern District of California, filed September 8, 2021 as Document 39 in No. 1:20-cr-00253-DAD-BAM. The defendant pleaded guilty to counts 1 and 2 of the Indictment: Conspiracy to Commit Mail Fraud under 18 U.S.C. § 1349 and Aggravated Identity Theft under 18 U.S.C. § 1028A(a)(1). The court imposes 36 months on Count 1 and 24 months on Count 2 served consecutively, for a total term of 60 months, followed by 36 months of supervised release with computer-use restrictions. The criminal monetary penalties sheet lists a $200.00 assessment and restitution of $89,000.00, Count 3 is dismissed, and a personal forfeiture money judgment filed June 17, 2021 is made final. The judgment was imposed 9/7/2021 by United States District Judge Dale A. Drozd.

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“Judgment in a Criminal Case — United States v. Christina Smith, Eastern District of California (Document 39).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-1-20-cr-00253-dkt-39-e-d-cal-0572d9fb11/, SHA-256 33746af1af819bb3b455ecfb0c233ea497c2afbc1113902f580bc46e8dd2d538.

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Case 1:20-cr-00253-DAD-BAM Document 39 Filed 09/08/21 Page 1 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 1 - Judgment in a Criminal Case

UNITED STATES DISTRICT COURT
Eastern District of California
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v. Case Number: 1:20CR00253-002
CHRISTINA SMITH Defendant's Attorney: Jaya C. Gupta, Assistant Federal Defender
AKA: Cynthia Elizabeth Williams, Traymate, Monique Smith,,
Christina Monique Smith, Christina Monique Gillette, Erma
Kirkpatrick,, Christine Ann Johnson, Christine Monique Smith,,
Christina Monique Smith, Christina Monque Smith
THE DEFENDANT:
pleaded guilty to count(s) 1 and 2 of the Indictment.
pleaded nolo contendere to count(s) , which was accepted by the court.
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
Conspiracy to Commit Mail Fraud
18 U.S.C. § 1349 December 2020 1
(Class D Felony)
Aggravated Identity Theft
18 U.S.C. § 1028A(a)(1) July 23, 2020 2
(Class E Felony)

The defendant is sentenced as provided in pages 2 through of this judgment. The sentence is imposed pursuant to the
Sentencing Reform Act of 1984.

The defendant has been found not guilty on count(s) .
Count 3 is dismissed on the motion of the United States.
Indictment is to be dismissed by District Court on motion of the United States.
Appeal rights given. Appeal rights waived.

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 or fine, the defendant must notify the court and United States attorney of material changes in economic
circumstances.
9/7/2021
Date of Imposition of Judgment

Signature of Judicial Officer
Dale A. Drozd, United States District Judge
Name & Title of Judicial Officer
9/8/2021
Date

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Case 1:20-cr-00253-DAD-BAM Document 39 Filed 09/08/21 Page 2 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 2 - Imprisonment
DEFENDANT: CHRISTINA SMITH Page 2 of 8
CASE NUMBER: 1:20CR00253-002

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
36 months on Count 1, 24 months on Count 2 to be served consecutively to each other for a total term of 60 months.

No TSR: Defendant shall cooperate in the collection of DNA.

The court makes the following recommendations to the Bureau of Prisons:
The court recommends that the defendant be incarcerated in a California facility, specifically Dublin, but only insofar as this
accords with security classification and space availability. The court recommends the defendant participate in the 500-Hour
Bureau of Prisons Substance Abuse Treatment Program. Court recommends BOP allow defendant to serve significant, if not the
max time allowed, at a halfway house.

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

The defendant shall surrender to the United States Marshal for this district
at on .
as notified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
before on .
as notified by the United States Marshal.
as notified by the Probation or Pretrial Services Officer.
If no such institution has been designated, to the United States Marshal for this district.

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

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Case 1:20-cr-00253-DAD-BAM Document 39 Filed 09/08/21 Page 3 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
DEFENDANT: CHRISTINA SMITH Page 3 of 8
CASE NUMBER: 1:20CR00253-002

SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
36 months on Count 1, 12 months on Count 2, all to be served concurrently for a total term of 36 months.

MANDATORY CONDITIONS
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 controlled substance. You must submit to one drug test within 15 days of release from
imprisonment and at least two (2) periodic drug tests thereafter, not to exceed four (4) drug tests per month.

The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future substance
abuse.

You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution.

You must cooperate in the collection of DNA as directed by the probation officer.

You 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 you
reside, work, are a student, or were convicted of a qualifying offense.

You must participate in an approved program for domestic violence.

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.

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Case 1:20-cr-00253-DAD-BAM Document 39 Filed 09/08/21 Page 4 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
DEFENDANT: CHRISTINA SMITH Page 4 of 8
CASE NUMBER: 1:20CR00253-002

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. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a
different time frame.
2. 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.
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 the probation officer.
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 within 72 hours of becoming aware of a change or expected change.
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 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.
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 of the probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. 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).
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 the 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 of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature _____________________________ Date _________________

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Case 1:20-cr-00253-DAD-BAM Document 39 Filed 09/08/21 Page 5 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
DEFENDANT: CHRISTINA SMITH Page 5 of 8
CASE NUMBER: 1:20CR00253-002

SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall not dispose of or otherwise dissipate any of her assets until the fine and/or restitution ordered by this
Judgment is paid in full, unless the defendant obtains approval of the court or the probation officer.
2. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any
anticipated or unexpected financial gains to any unpaid restitution ordered by this Judgment.
3. The defendant shall provide the probation officer with access to any requested financial information.
4. The defendant shall not open additional lines of credit without the approval of the probation officer.
5. As directed by the probation officer, the defendant shall participate in an outpatient correctional treatment program to obtain
assistance for drug or alcohol abuse.
6. As directed by the probation officer, the defendant shall participate in a program of testing (i.e., breath, urine, sweat patch,
etc.) to determine if she has reverted to the use of drugs or alcohol.
7. The defendant shall abstain from the use of alcoholic beverages and shall not enter, visit, or be present at those places where
alcohol is the chief item of sale.
8. As directed by the probation officer, the defendant shall participate in a program of outpatient mental health treatment.
9. As directed by the probation officer, the defendant shall participate in a co-payment plan for treatment or testing and shall
make payment directly to the vendor under contract with the United States Probation Office of up to $25 per month.
10. The defendant shall submit to the search of her person, property, house, residence, vehicle, papers, computer, other electronic
communication or data storage devices or media, and effects at any time, with or without a warrant, by any law enforcement
or probation officer in the lawful discharge of the officer's supervision functions with reasonable suspicion concerning
unlawful conduct or a violation of a condition of probation or supervised release. Failure to submit to a search may be
grounds for revocation. The defendant shall warn any other residents that the premises may be subject to searches pursuant to
this condition.
11. The defendant shall not possess or use a computer or any device that has access to any "on-line computer service" unless
approved by the probation officer. This includes any Internet service provider, bulletin board system, or any other public or
private computer network.
12. The defendant shall consent to the probation officer and/or probation service representative conducting periodic unannounced
examinations of (a) any computer, or (b) computer-related device, or (c) equipment that has an internal or external modem
which is in the possession or control of the defendant. The defendant consents to retrieval and copying of all data from any
such computer, computer-related device, or equipment as well as any internal or external peripherals to ensure compliance
with conditions. The defendant consents to removal of such computer, computer-related device, and equipment for purposes
of conducting a more thorough inspection and analysis.

The defendant consents to having installed on any computer, computer-related device, and equipment, at the defendant's
expense, any hardware or software systems to monitor the use of such computer, computer-related device, and equipment at
the direction of the probation officer, and agrees not to tamper with such hardware or software and not install or use any
software programs designated to hide, alter, or delete her computer activities. The defendant consents to not installing new
hardware without the prior approval of the probation officer.
13. The defendant shall consent to third-party disclosure to any employer or potential employer, concerning any computer-related
restrictions that are imposed upon her. This includes any activities in which you are acting as a technician, advisor, or
consultant with or without any monetary gain or other compensation.
14. As directed by the probation officer, the defendant shall complete up to 20 hours of unpaid community service per week until
employed for at least 30 hours per week or participating in a previously approved educational or vocational program.
15. The defendant shall make payments toward any unpaid criminal monetary penalties in this case during supervised release at
the rate of at least 10% of your gross monthly income. Payments are to commence no later than 60 days from placement on
supervision. This payment schedule does not prohibit the United States from collecting through all available means any
unpaid criminal monetary penalties at any time, as prescribed by law.

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Case 1:20-cr-00253-DAD-BAM Document 39 Filed 09/08/21 Page 6 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 5 - Criminal Monetary Penalties
DEFENDANT: CHRISTINA SMITH Page 6 of 8
CASE NUMBER: 1:20CR00253-002

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.

TOTALS
Processing Fee Assessment AVAA Assessment* JVTA Assessment** Fine Restitution
$200.00 $0.00 $0.00 $0.00 $89,000.00
The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.

The court orders the defendant to pay restitution to the single victim as outlined in the Restitution Attachment on Sheet 5B.

In addition, the court gives notice that this case involves other defendants, or may involve other defendants, who may be held
jointly and severally liable for payment of all or part of the restitution ordered herein and may order such payment in the future.
Such future orders do not increase the amount of restitution ordered against the defendant.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned 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.

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).

The court determined that the defendant does not have the ability to pay interest and it is ordered that:

The interest requirement is waived for the fine restitution

The interest requirement for the fine restitution is modified as follows:

If incarcerated, payment of any unpaid criminal monetary penalties in this case is due during imprisonment at the rate of 10%
of the defendant's gross income per month or $25 per quarter, whichever is greater. Payment shall be made through the Bureau
of Prisons Inmate Financial Responsibility Program.

Other:
* 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.

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Case 1:20-cr-00253-DAD-BAM Document 39 Filed 09/08/21 Page 7 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 5B - Criminal Monetary Penalties
DEFENDANT: CHRISTINA SMITH Page 7 of 8
CASE NUMBER: 1:20CR00253-002

RESTITUTION PAYMENTS
Restitution of $89,000.00 to:
CA EMPLOYMENT DEVELOPMENT DEPARTMENT
SACRAMENTO, CA 94280-0001
$89,000.00

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Case 1:20-cr-00253-DAD-BAM Document 39 Filed 09/08/21 Page 8 of 8
AO 245B-CAED (Rev. 09/2019) Sheet 6 - Schedule of Payments
DEFENDANT: CHRISTINA SMITH Page 8 of 8
CASE NUMBER: 1:20CR00253-002

SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:

A. Lump sum payment of $ 89,200.00 due immediately, balance due
Not later than , or
in accordance C, D, E,or F below; or
B. Payment to begin immediately (may be combined with C, D, or F below); or

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 the date of this judgment; or

D. 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/probation 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. Special instructions regarding the payment of criminal monetary penalties:
Payments must be made by Check or Money Order, payable to: Clerk, U.S.D.C. and mailed to:
CLERK U.S.D.C.
501 "I" Street, #4-200
Sacramento, CA 95814
Your check or money order must indicate your name and citation/case number shown above to ensure your account
is credited for payment received.

If incarcerated, payment of any unpaid criminal monetary penalties in this case is due during imprisonment at the rate of 10% of the
defendant's gross income per month or $25 per quarter, whichever is greater. Payment shall be made through the Bureau of Prisons
Inmate Financial Responsibility Program.

The defendant shall make payments toward any unpaid criminal monetary penalties in this case during supervision at the rate of at
least 10% of your gross monthly income. Payments are to commence no later than 60 days from placement on supervision. This
payment schedule does not prohibit the United States from collecting through all available means any unpaid criminal monetary
penalties at any time, as prescribed by law.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

The defendant shall pay the cost of prosecution.

The defendant shall pay the following court cost(s):

The defendant shall forfeit the defendant's interest in the following property to the United States: The order for personal
forfeiture money judgement filed June 17, 2021, is hereby made final as to this defendant and shall be incorporated into the
judgment.

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.

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