Judgment — United States v. Cara Marie Kirk-Connell, Central District of California (Document 62)
Summary
The Judgment and Probation/Commitment Order in United States v. Cara Marie Kirk-Connell, Docket No. ED CR 20-00210-AB, in the U.S. District Court for the Central District of California, filed April 9, 2021 as Document 62. On a guilty plea, the court convicts the defendant of Use of Unauthorized Access Devices in violation of 18 U.S.C. §§ 1029(a)(2), (c)(1)(A)(i), as charged in Count 1 of the Information. It commits the defendant to the Bureau of Prisons for thirty-seven (37) months, consecutive to the undischarged sentence in Riverside County Superior Court Case No. SWF2007748, followed by three (3) years of supervised release with drug-testing and treatment conditions. The order imposes a $100 special assessment and restitution of $269,208 under 18 U.S.C. § 3663A payable to the EDD Benefit Overpayment Collection Section, and waives interest and fines.
Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Judgment — United States v. Cara Marie Kirk-Connell, Central District of California (Document 62).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-5-20-cr-00210-dkt-62-c-d-cal-182f86374f/
, SHA-256 e8cd30167eb871038bc6a204b0deb53f69d6035bbc3e91c218be7e59da504994.Full text
Case 5:20-cr-00210-AB Document 62 Filed 04/09/21 Page 1 of 6 Page ID #:199
Case 5:20-cr-00210-AB Document 62 Filed 04/09/21 Page 2 of 6 Page ID #:200
USA vs. Cara Marie Kirk-Connell Docket No.: ED CR 20-00210-AB
6. 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.
7. 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.
8. The defendant shall not own, use, or have access to the services of any commercial mail-receiving agency, nor shall the
defendant open or maintain a post office box, without the prior written approval of the Probation Officer.
9. The defendant shall cooperate in the collection of a DNA sample from the defendant.
10. 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.
11. The defendant shall submit the defendant's person, property, house, residence, vehicle, papers, computers, cell phones, other
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.
It is ordered that the defendant shall pay to the United States a special assessment of $100, 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 $269,208 pursuant to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as follows:
Victim Amount
EDD Benefit Overpayment Collection Section $269,208
MIC 91
P.O. Box 826218
Sacramento, CA 94299
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 30 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 she is unable to pay and is not
likely to become able to pay any fine.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment
The Court recommends that the Bureau of Prisons consider the defendant for placement in its Residential Drug Abuse Program (RDAP).
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
CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 2 of 6
Case 5:20-cr-00210-AB Document 62 Filed 04/09/21 Page 3 of 6 Page ID #:201
USA vs. Cara Marie Kirk-Connell Docket No.: ED CR 20-00210-AB
provider is prohibited without the consent of the sentencing judge.
Defendant informed of her right to appeal.
The Court recommends the defendant be housed at (in order of priority): 1) FCI Victorville; 2) FCI Dublin; 3) FCI Phoenix.
The United States Probation and Pretrial Services Office shall contact the Court within one month of the Defendant’s release so that the Court
can schedule a Status Conference.
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.
April 9, 2021
Date 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
April 9, 2021 By C. Badirian
Filed Date Deputy Clerk
CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 3 of 6
Case 5:20-cr-00210-AB Document 62 Filed 04/09/21 Page 4 of 6 Page ID #:202
USA vs. Cara Marie Kirk-Connell Docket No.: ED CR 20-00210-AB
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, 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 5:20-cr-00210-AB Document 62 Filed 04/09/21 Page 5 of 6 Page ID #:203
USA vs. Cara Marie Kirk-Connell Docket No.: ED CR 20-00210-AB
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. 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 5:20-cr-00210-AB Document 62 Filed 04/09/21 Page 6 of 6 Page ID #:204
USA vs. Cara Marie Kirk-Connell Docket No.: ED CR 20-00210-AB
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
File and source
- File
- 62-judgment.pdf
- Size
- 340,962 bytes
- SHA-256
- e8cd30167eb871038bc6a204b0deb53f69d6035bbc3e91c218be7e59da504994
- Our copy
- 62-judgment.pdf
- Original
- archive.org