Case 2:18-cr-00891-DMG Document 89 Filed 10/16/20 Page 1 of 5 Page ID #:687
`United States District Court
`JS-3
`Central District of California
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`UNITED STATES OF AMERICA vs.
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`Defendant
`ROBIN DIMAGGIO
`akas: Robin Christian DiMaggio (full name)
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`Docket No.
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`CR 18-891-DMG
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`Social Security No. 7
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`(Last 4 digits)
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`7
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`JUDGMENT AND PROBATION/COMMITMENT ORDER
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`In the presence of the attorney for the government, the defendant appeared in person on this date.
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`MONTH DAY YEAR
`OCT
`14
`2020
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`COUNSEL
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`PLEA
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`FINDING
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`JUDGMENT
`AND PROB/
`COMM
`ORDER
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`Erin M. Murphy, DFPD
`(Name of Counsel)
` X GUILTY, and the court being satisfied that there is a factual basis for the plea.
`NOLO
`CONTENDERE
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` There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
` Wire Fraud in violation of Title 18 U.S.C. § 1343 as charged in Count 1 Indictment.
` The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
`contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered
`that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to
`the custody of the Bureau of Prisons to be imprisoned for a term of: TWENTY-SEVEN (27) MONTHS.
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`NOT
`GUILTY
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`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.
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`The Court defers ruling on the amount of restitution to be paid by the defendant to allow for further briefing and shall amend the
`judgment and commitment order once the amount of restitution is determined.
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`The defendant shall comply with Amended General Order No. 20-04.
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`Pursuant to Guideline § 5E1.2(a), all fines are waived as the Court finds that the defendant does not have the ability to pay a fine in
`addition to restitution.
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`The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary
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`treatment.
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`Upon release from imprisonment, the defendant shall be placed on supervised release for a period of THREE (3) YEARS under the following
`terms and conditions:
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`1. The defendant shall comply with the rules and regulations of the United States Probation and Pretrial Services Office and
`Amended General Order 20-04.
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`2. 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.
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`3.
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`Immediately following release from imprisonment, the defendant shall participate for a period of TWELVE (12) MONTHS in a
`home detention program which may include electronic monitoring, GPS, Alcohol Monitoring Unit or automated identification
`system and shall observe all rules of such program, as directed by the Probation Officer.
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`4. The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12 for each
`day of participation. The defendant shall provide payment and proof of payment as directed by the Probation Officer. If the
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`JUDGMENT & PROBATION/COMMITMENT ORDER
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`Page 1 of 5
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`CR-104 (docx 10/15)
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`Case 2:18-cr-00891-DMG Document 89 Filed 10/16/20 Page 2 of 5 Page ID #:688
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`USA vs. ROBIN DIMAGGIO
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`defendant has no ability to pay, no payment shall be required.
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`Docket No.: CR 18-891-DMG
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`5. 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 custody and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the
`Probation Officer.
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`6. Defendant shall not engage in the solicitation or acceptance of funds from or on behalf of investors or promoters in connection
`with the production of musical or other entertainment events. Further, the defendant shall provide the Probation Officer with
`access to any and all business records, client lists, and other records pertaining to the operation of any business owned, in whole or
`in part, by the defendant that are in the defendant’s possession as directed by the Probation Officer.
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`7. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments, and any
`anticipated or unexpected financial gains to the outstanding Court-ordered financial obligation.
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`8. The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the
`program by the treatment provider, with the approval of the Probation Officer.
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`9. As directed by the Probation Officer, the defendant shall pay all or part of the costs of the Court-ordered treatment to the aftercare
`contractors during the period of community supervision. The defendant shall provide payment and proof of payment as directed
`by the Probation Officer. If the defendant has no ability to pay, no payment shall be required.
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`10. The defendant shall cooperate in the collection of a DNA sample from the defendant.
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`The Court authorizes the Probation Officer to disclose the Presentence Report, and any previous mental health evaluations or reports, to
`the treatment provider. The treatment provider may provide information (excluding the Presentence Report), to State or local social service
`agencies (such as the State of California, Department of Social Services), for the purpose of the client's rehabilitation.
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`It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons at or before 12 noon, on
`May 21, 2021. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal
`located at the Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012.
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`The bond will be exonerated upon surrender.
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`The Court dismisses all remaining counts of the underlying indictment.
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`The Court recommends that the defendant be assigned to a federal correctional facility in the Southern California area.
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`The Court informs the defendant of his right to appeal.
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`CR-104 (docx 10/18)
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`JUDGMENT & PROBATION/COMMITMENT ORDER
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`Page 2 of 5
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`Case 2:18-cr-00891-DMG Document 89 Filed 10/16/20 Page 3 of 5 Page ID #:689
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`USA vs. ROBIN DIMAGGIO
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`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.
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`Docket No.: CR 18-891-DMG
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`October 16, 2020
`Date
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`Dolly M. Gee, United States District Judge
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`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.
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`Clerk, U.S. District Court
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`October 16, 2020
`Filed Date
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`By
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`/s/ Kane Tien
`Deputy Clerk
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`The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).
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`STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
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`While the defendant is on probation or supervised release pursuant to this judgment:
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`9.
`The defendant must not knowingly associate with any persons
`The defendant must not commit another federal, state, or local
`engaged in criminal activity and must not knowingly associate with
`crime;
`any person convicted of a felony unless granted permission to do so
`The defendant must report to the probation office in the federal
`by the probation officer. This condition will not apply to intimate
`judicial district of residence within 72 hours of imposition of a
`family members, unless the court has completed an individualized
`sentence of probation or release from imprisonment, unless
`review and has determined that the restriction is necessary for
`otherwise directed by the probation officer;
`protection of the community or rehabilitation;
`The defendant must report to the probation office as instructed by
`10. The defendant must refrain from excessive use of alcohol and must
`the court or probation officer;
`not purchase, possess, use, distribute, or administer any narcotic or
`The defendant must not knowingly leave the judicial district
`other controlled substance, or any paraphernalia related to such
`without first receiving the permission of the court or probation
`substances, except as prescribed by a physician;
`officer;
`11. The defendant must notify the probation officer within 72 hours of
`The defendant must answer truthfully the inquiries of the probation
`being arrested or questioned by a law enforcement officer;
`officer, unless legitimately asserting his or her Fifth Amendment
`12. For felony cases, the defendant must not possess a firearm,
`right against self-incrimination as to new criminal conduct;
`ammunition, destructive device, or any other dangerous weapon;
`The defendant must reside at a location approved by the probation
`13. The defendant must not act or enter into any agreement with a law
`officer and must notify the probation officer at least 10 days before
`enforcement agency to act as an informant or source without the
`any anticipated change or within 72 hours of an unanticipated
`permission of the court;
`change in residence or persons living in defendant’s residence;
`14. As directed by the probation officer, the defendant must notify
`The defendant must permit the probation officer to contact him or
`specific persons and organizations of specific risks posed by the
`her at any time at home or elsewhere and must permit confiscation
`defendant to those persons and organizations and must permit the
`of any contraband prohibited by law or the terms of supervision
`probation officer to confirm the defendant’s compliance with such
`and observed in plain view by the probation officer;
`requirement and to make such notifications;
`The defendant must work at a lawful occupation unless excused by
`15. The defendant must follow the instructions of the probation officer
`the probation officer for schooling, training, or other acceptable
`to implement the orders of the court, afford adequate deterrence
`reasons and must notify the probation officer at least ten days
`from criminal conduct, protect the public from further crimes of the
`before any change in employment or within 72 hours of an
`defendant; and provide the defendant with needed educational or
`unanticipated change;
`vocational training, medical care, or other correctional treatment in
`the most effective manner.
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`8.
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`CR-104 (docx 10/18)
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`JUDGMENT & PROBATION/COMMITMENT ORDER
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`Page 3 of 5
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`Case 2:18-cr-00891-DMG Document 89 Filed 10/16/20 Page 4 of 5 Page ID #:690
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`USA vs. ROBIN DIMAGGIO
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`Docket No.: CR 18-891-DMG
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`X The defendant will also comply with the following special conditions (set forth below).
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`Payments will be applied in the following order:
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`STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS
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`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
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`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.
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`If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
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`balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.
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`The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
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`residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).
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`The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
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`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).
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`1. Special assessments under 18 U.S.C. § 3013;
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`2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all non-federal victims must be paid before the United
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` States is paid):
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`Non-federal victims (individual and corporate),
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`Providers of compensation to non-federal victims,
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`The United States as victim;
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`3. Fine;
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`4. Community restitution, under 18 U.S.C. § 3663(c); and
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`5. Other penalties and costs.
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`CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS
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`As directed by the Probation Officer, the defendant must provide to the Probation Officer: (1) a signed release authorizing credit
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`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.
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`The defendant must maintain one personal checking account. All of defendant’s income, “monetary gains,” or other pecuniary
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`proceeds must be deposited into this account, which must be used for payment of all personal expenses. Records of all other bank accounts,
`including any business accounts, must be disclosed to the Probation Officer upon request.
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`The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
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`approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.
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`These conditions are in addition to any other conditions imposed by this judgment.
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`CR-104 (docx 10/18)
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`JUDGMENT & PROBATION/COMMITMENT ORDER
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`Page 4 of 5
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`Case 2:18-cr-00891-DMG Document 89 Filed 10/16/20 Page 5 of 5 Page ID #:691
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`USA vs. ROBIN DIMAGGIO
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`Docket No.: CR 18-891-DMG
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`RETURN
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`I have executed the within Judgment and Commitment as follows:
`Defendant delivered on
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`Defendant noted on appeal on
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`Defendant released on
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`Mandate issued on
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`Defendant’s appeal determined on
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`Defendant delivered on
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`at
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`the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
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`to
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`to
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`United States Marshal
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`By
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`Deputy Marshal
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`CERTIFICATE
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`Date
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` I
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` 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.
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`Filed Date
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`Clerk, U.S. District Court
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`By
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`Deputy Clerk
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`FOR U.S. PROBATION OFFICE USE ONLY
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`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.
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`These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
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`(Signed)
` Defendant
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` U. S. Probation Officer/Designated Witness
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`CR-104 (docx 10/18)
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`JUDGMENT & PROBATION/COMMITMENT ORDER
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`Page 5 of 5
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