OAO 245B (Rev. 09/08) Judgment in a Criminal Case

Sheet 1

UNITED STATES DISTRICT COURT

District of COLORADO

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

V.

WAUNITA WEINGART

Case Number: 11-CR-00355-MSK-01

USM Number: 37915-013

Martin A. Stuart, Appointed

THE DEFENDANT:

Defendant’s Attorney

X pleaded guilty to Counts 3 and 6 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

18 U.S.C. § 1343 Wire Fraud 12/22/06 3

The defendant is sentenced as provided in pages 2 through 13 of this judgment in accordance with the findings and

 conclusions made in open court, a transcript of which is attached hereto and incorporated herein by this reference. The sentence is imposed

pursuant to the Sentencing Reform Act of 1984.

The defendant has been found not guilty on Count(s)

X Counts the remaining Counts of the Indictment X are dismissed on the motion of the United States.

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 material changes in economic circumstances.

September 10, 2013

Date of Imposition of Judgment

s/ Marcia S. Krieger

Signature of Judge

Marcia S. Krieger, Chief U.S. District Judge

Name and Title of Judge

September 19, 2013

Date

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AO 245B (Rev. 06/05) Criminal Judgment

Sheet 1A

Judgment—Page 2 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

ADDITIONAL COUNTS OF CONVICTION

Title & Section Nature of Offense Offense Ended Count

 18 U.S.C. § 1343 Wire Fraud 01/24/07 6

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AO 245B (Rev. 09/08) Judgment in Criminal Case

Sheet 2 — Imprisonment

Judgment — Page 3 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:

 ninety (90) months as to Counts 3 and 6, to be served concurrently.

The court makes the following recommendations to the Bureau of Prisons:

X 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 a.m. p.m. 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 12 p.m. on .

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

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AO 245B (Rev. 06/05) Judgment in a Criminal Case

Sheet 3 — Supervised Release

Judgment—Page 4 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: three (3) years as to each Count, to run concurrently.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the

custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. 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 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 the defendant poses a low risk of

future substance abuse. (Check, if applicable.)

X The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)

X The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a

student, as directed by the probation officer. (Check, if applicable.)

The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the

Schedule of Payments sheet of this judgment.

 The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions

on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) the defendant shall support his or her dependents and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other

acceptable reasons;

6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a

felony, unless granted permission to do so by the probation officer;

10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer;

11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the

permission of the court;

13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant’s criminal

record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the

defendant’s compliance with such notification requirement; and

14) the defendant shall provide access to any requested financial information.

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AO 245B (Rev. 09/08) Judgment in a Criminal Case

Sheet 3C — Supervised Release

Judgment—Page 5 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

SPECIAL CONDITIONS OF SUPERVISION

1. The defendant shall not incur new credit charges, use any credit card, or open additional lines of credit without the approval of the probation officer, unless the defendant is in compliance with the periodic payment obligations imposed pursuant to the Court’s judgment and sentence.

2. As directed by the probation officer, the defendant shall apply any monies received from income tax refunds, lottery winnings, inheritances, judgments, and any anticipated or unexpected financial gains to the outstanding court ordered financial obligation in this case.

3. Within 60 days of release on supervised release, Defendant shall meet with the probation officer to develop a plan for the payment of restitution. The defendant shall document all income or compensation generated or received from any source and provide such information to the probation officer as requested. The plan of payment will be based upon the defendant's income and expenses with the restitution amount to be paid in monthly installment payments. Such monthly installment payments shall be at least 10 percent of the defendant's gross monthly income. The plan for payment shall be reviewed with the probation officer semi-annually.

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AO 245B (Rev. 09/08) Judgment in a Criminal Case 

Sheet 5 — Criminal Monetary Penalties

Judgment — Page 6 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine Restitution

TOTALS $ 200.00 $ 0.00 $ 12,430,312.72

The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be 

entered after such determination.

X The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

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.

Name of Payee Total Loss* Restitution Ordered Priority or Percentage

AM Trust NPSFR Venture, LLC

c/o Alicia Wood

Residential Credit Solutions,

Inc.

4282 North Freeway

Ft. Worth, TX 76137

$741,460.04 $741,460.04

Bank of America

c/o Ms. Regina R. Forest

Vice-President, Investigation

Services Manager

Corporate Security

Bank of America

201 N. Tryon St., 7th Floor

Mail Code NC1-022-07-11

Charlotte, NC 28255

$2,202,992.40 $2,202,992.40

Bank of New York, as Trustee

for Asset-Backed Certificates

Series 2005-13

c/o Alvin A. Narin

Managing Director and

Managing Counsel

BNY Mellon

One Wall Street, 11th Floor

New York NY 10286

$478,512.37 $478,512.37

ADDITIONAL RESTITUTION PAYEES CONTINUED ON NEXT PAGE

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).

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

X the interest requirement is waived for the fine X restitution.

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

* 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.

Case 1:11-cr-00355-MSK Document 335 Filed 09/19/13 USDC Colorado Page 6 of 13
AO 245B (Rev. 09/08) Judgment in a Criminal Case 

Sheet 5B — Criminal Monetary Penalties

Judgment — Page 7 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

ADDITIONAL RESTITUTION PAYEES (CONTINUED)

Name of Payee Total Loss* Restitution Ordered Priority or Percentage

Deutsche Bank, National Trust

Co.

As Trustee for the Registered

Holders of Morgan Stanley

ABS Capital I Inc. Trust 2007-

HE7

Mortgage Pass Through

Certificates, Series 2007-HE7

c/o Ocwen Loan Servicing, LLC

c/o Ocwen Law Department

1661 Worthington Road, Suite

100

West Palm Beach, FL 33409

$567,020.88 $567,020.88

Fidelity National Title Group

c/o Aaron J. Bryan Esq.

Fraud Review Counsel

601 Riverside Avenue

Building Five/Fourth Floor

Jacksonville, FL 32204

$2,001,589.21 $2,001,589.21

GMAC

c/o Mr. Tim Lindquist, Paralegal

8400 Normandale Lake

Boulevard

Bloomington, MN 55437

$976,395.28 $976,395.28

JP Morgan Chase

c/o Ms. Jennifer Arney

7610 West Washington

Indianapolis, IN 46231

$1,130,867.02 $1,130,867.02

US Bank as Trustee 

For MASTR Asset-Backed

Securities Trust

2007-HE1 Mortgage Pass

Through Certificate Series 

2007-HE1

c/o John Richards, Esq.

60 Livingston Avenue

EP-MN-WS3D

St. Paul, MN 55107

$438,886.08 $438,886.08

Wells Fargo Bank

c/o Mr. Steve Lindstrom

1700 Lincoln Street, 9th Floor

MAC C7300-09C

Denver, CO 80203

$1,009,516.94 $1,009,516.94

Capital One

c/o Andrew W. Noble, Esq.

Severson & Werson.

One Embarcadero Center, 

26th Floor

San Francisco, CA 94111

$35,728.81 $35,728.81

Citi Bank NA

c/o Ms. Kathleen Wood Wagner

701 E. 60th Street North 

MC 1251

Sioux Falls, SD 57117

$96,000.00 $96,000.00

ADDITIONAL RESTITUTION PAYEES CONTINUED ON NEXT PAGE

* 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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AO 245B (Rev. 09/08) Judgment in a Criminal Case 

Sheet 5B — Criminal Monetary Penalties

Judgment — Page 8 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

ADDITIONAL RESTITUTION PAYEES (CONTINUED)

Name of Payee Total Loss* Restitution Ordered Priority or Percentage

Deutsche Bank National Trust

Company as Trustee for WAMU

Mortgage Pass Through

Certificates WAMU

2005-AR2

$423,097.63 $423,097.63

Flagstar Bank

c/o Mr. John M. Gray

Financial Investigations Unit

5151 Corporate Drive

Troy, MI 48098

$367,373.66 $367,373.66

One West Bank, FSB

c/o George Lopez

Custodian of Records

Attn: Corporate Legal

888 East Walnut Street

Pasadena, CA 91101

$325,976.13 $325,976.13

Specialized Loan Servicing

Custodian of Records

8742 Lucent Boulevard, Suite 300

Highlands Ranch, CO 80129-2389 $141,202.45 $141,202.45

U.S. Bank National Association

c/o Select Portfolio Servicing, Inc.

David Recksiek, Supervisor

Contested Default Management

3815 South West Temple

Salt Lake City, UT 84115

$261,778.01 $261,778.01

U.S. Bank N.A., successor in

interest to BankOne, NA

c/o Select Portfolio Servicing, Inc.

David Recksiek, Supervisor

Contested Default Management

3815 South West Temple

Salt Lake City, UT 84115

$378,398.84 $378,398.84

U.S. Bank as Trustee

Under Pooling and Servicing

Agreement dated May 1, 2001

Master Asset Back Securities Trust

2007-HE1

Mortgage Pass-Through

Certificates Series 2007-HE1

60 Livingston Avenue

EP-MN-WS3D

St. Paul, MN 55107

$463,886.31 $463,886.31

Wells Fargo Bank, NA, as Trustee

for Morgan Stanley Capital I, Inc.

Trust 2006-HE1, Mortgage PassThrough Certificate Series 2006-

HE-1

c/o Ocwen Loan Servicing

Ocwen Law Department

1661 Worthington Road, Suite 100

West Palm Beach, FL 33409

$389,630.66 $389,630.66

TOTALS $12,430,312.72 $12,430,312.72 

* 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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AO 245B (Rev. 09/08) Judgment in a Criminal Case 

Sheet 6 — Schedule of Payments

Judgment — Page 9 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:

A Lump sum payment of $ due immediately, balance due

not later than , or

in accordance C, D, E, or F below; or

B X Payment to begin immediately (may be combined with C, D, or X 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 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 X Special instructions regarding the payment of criminal monetary penalties:

The special assessment and restitution obligation are due immediately. Any unpaid restitution balance upon release from incarceration shall be paid in monthly installments during the term of supervised release. Within 60 days of release from confinement, the defendant shall meet with the probation officer to develop a plan for the payment of restitution. This plan will

be based upon the defendant’s income and expenses. The plan will be forwarded to the court for review and approval.

Unless the Court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due

during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ 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.

X Joint and Several

Alois Craig Weingart, Docket No. 11-cr-00355-MSK-03, $465,115.12.

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: 

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and Court costs.

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AO 245B (Rev. 09/08) Criminal Judgment

Attachment (Page 1) — Statement of Reasons

Judgment—Page 10 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

STATEMENT OF REASONS

I COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT

A x The Court adopts the presentence investigation report without change.

B The Court adopts the presentence investigation report with the following changes.

(Check all that apply and specify Court determination, findings, or comments, referencing paragraph numbers in the presentence report, if applicable.)

(Use page 4 if necessary.)

1 Chapter Two of the U.S.S.G. Manual determinations by Court (including changes to base offense level, or specific offense characteristics):

2 Chapter Three of the U.S.S.G. Manual determinations by Court (including changes to victim-related adjustments, role in the offense, obstruction of justice, multiple Counts, or acceptance of responsibility):

3 Chapter Four of the U.S.S.G. Manual determinations by Court (including changes to criminal history category or scores, career offender, or criminal livelihood determinations):

4 Additional Comments or Findings (including comments or factual findings concerning certain information in the presentence report that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation, or programming decisions):

C The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.

II COURT FINDING ON MANDATORY MINIMUM SENTENCE (Check all that apply.)

A X No Count of conviction carries a mandatory minimum sentence.

B Mandatory minimum sentence imposed.

C One or more Counts of conviction alleged in the indictment carry a mandatory minimum term of imprisonment, but the

sentence imposed is below a mandatory minimum term because the Court has determined that the mandatory minimum

does not apply based on

findings of fact in this case

substantial assistance (18 U.S.C. § 3553(e))

the statutory safety valve (18 U.S.C. § 3553(f))

III COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES):

Total Offense Level: 28

Criminal History Category: I

Imprisonment Range: 78 to 97 months

Supervised Release Range: 1 to 3 years

Fine Range: $ 12,500 to $ NMT

X Fine waived or below the guideline range because of inability to pay.

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AO 245B (Rev. 09/08) Criminal Judgment

Attachment (Page 2) — Statement of Reasons

Judgment—Page 11 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

STATEMENT OF REASONS

IV ADVISORY GUIDELINE SENTENCING DETERMINATION (Check only one.)

A The sentence is within an advisory guideline range that is not greater than 24 months, and the Court finds no reason to depart.

B The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons.

(Use page 4 if necessary.)

C The Court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual.

(Also complete Section V.)

D The Court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI.)

V DEPARTURES AUTHORIZED BY THE ADVISORY SENTENCING GUIDELINES (If applicable.)

A The sentence imposed departs (Check only one.):

below the advisory guideline range

above the advisory guideline range

B Departure based on (Check all that apply.):

1 Plea Agreement (Check all that apply and check reason(s) below.):

5K1.1 plea agreement based on the defendant’s substantial assistance

5K3.1 plea agreement based on Early Disposition or “Fast-track” Program

binding plea agreement for departure accepted by the Court

plea agreement for departure, which the Court finds to be reasonable

plea agreement that states that the government will not oppose a defense departure motion.

2 Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):

5K1.1 government motion based on the defendant’s substantial assistance

5K3.1 government motion based on Early Disposition or “Fast-track” program

government motion for departure

defense motion for departure to which the government did not object

defense motion for departure to which the government objected

3 Other

Other than a plea agreement or motion by the parties for departure (Check reason(s) below.):

C Reason(s) for Departure (Check all that apply other than 5K1.1 or 5K3.1.)

4A1.3 Criminal History Inadequacy 5K2.1 Death 5K2.11 Lesser Harm

5H1.1 Age 5K2.2 Physical Injury 5K2.12 Coercion and Duress

5H1.2 Education and Vocational Skills 5K2.3 Extreme Psychological Injury 5K2.13 Diminished Capacity

5H1.3 Mental and Emotional Condition 5K2.4 Abduction or Unlawful Restraint 5K2.14 Public Welfare

5H1.4 Physical Condition 5K2.5 Property Damage or Loss 5K2.16 Voluntary Disclosure of Offense

5H1.5 Employment Record 5K2.6 Weapon or Dangerous Weapon 5K2.17 High-Capacity, Semiautomatic Weapon

5H1.6 Family Ties and Responsibilities 5K2.7 Disruption of Government Function 5K2.18 Violent Street Gang

5H1.11 Military Record, Charitable Service, 5K2.8 Extreme Conduct 5K2.20 Aberrant Behavior

Good Works 5K2.9 Criminal Purpose 5K2.21 Dismissed and Uncharged Conduct

5K2.0 Aggravating or Mitigating Circumstances 5K2.10 Victim’s Conduct 5K2.22 Age or Health of Sex Offenders

5K2.23 Discharged Terms of Imprisonment

Other guideline basis (e.g., 2B1.1 commentary)

D Explain the facts justifying the departure. (Use page 4 if necessary.)

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AO 245B (Rev. 09/08) Criminal Judgment

Attachment (Page 3) — Statement of Reasons

Judgment—Page 12 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

STATEMENT OF REASONS

VI COURT DETERMINATION FOR SENTENCE OUTSIDE THE ADVISORY GUIDELINE SYSTEM

(Check all that apply.)

A The sentence imposed is (Check only one.):

below the advisory guideline range

above the advisory guideline range

B Sentence imposed pursuant to (Check all that apply.):

1 Plea Agreement (Check all that apply and check reason(s) below.):

binding plea agreement for a sentence outside the advisory guideline system accepted by the Court

plea agreement for a sentence outside the advisory guideline system, which the Court finds to be reasonable

plea agreement that states that the government will not oppose a defense motion to the Court to sentence outside the advisory guideline 

system

2 Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):

government motion for a sentence outside of the advisory guideline system

defense motion for a sentence outside of the advisory guideline system to which the government did not object

defense motion for a sentence outside of the advisory guideline system to which the government objected

3 Other

C Reason(s) for Sentence Outside the Advisory Guideline System (Check all that apply.)

the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1)

to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense (18 U.S.C. § 3553(a)(2)(A))

to afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B))

to protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C))

to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner

(18 U.S.C. § 3553(a)(2)(D))

to avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6))

to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))

D Explain the facts justifying a sentence outside the advisory guideline system. (Use page 4 if necessary.)

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AO 245B (Rev. 09/08) Criminal Judgment

Attachment (Page 4) — Statement of Reasons

Judgment—Page 13 of 13

DEFENDANT: WAUNITA WEINGART

CASE NUMBER: 11-CR-00355-MSK-01

STATEMENT OF REASONS

VII COURT DETERMINATIONS OF RESTITUTION

A Restitution Not Applicable.

B Total Amount of Restitution: $12,430,312.72

C Restitution not ordered (Check only one.):

1 For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because the number of

identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A)

2 For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because determining complex 

issues of fact and relating them to the cause or amount of the victims’ losses would complicate or prolong the sentencing process to a degree

that the need to provide restitution to any victim would be outweighed by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B).

3 For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing guidelines, restitution is not

ordered because the complication and prolongation of the sentencing process resulting from the fashioning of a restitution order outweigh 

the need to provide restitution to any victims under 18 U.S.C. § 3663(a)(1)(B)(ii).

4 Restitution is not ordered for other reasons. (Explain.)

D Partial restitution is ordered for these reasons (18 U.S.C. § 3553(c)):

VIII ADDITIONAL FACTS JUSTIFYING THE SENTENCE IN THIS CASE (If applicable.)

The defendant is sentenced as provided in pages 2 through 13 of this judgment in accordance with the findings and conclusions made in open court, a transcript of which is attached hereto and incorporated herein by this reference. The sentence is imposed

pursuant to the Sentencing Reform Act of 1984.

Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony cases.

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