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United States v. Thomaier
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
V.
STEPHEN THOMAIER,
Defendant.
IT IS HEREBY ORDERED:
Case No.: 24-cr-02583-CAB
ORDER OF RESTITUTION
1. Pursuant to 18 U.S.C. § 2259 and 18 U.S.C. § 3663A(a)(l), Defendant
20 Stephen Thomaier (hereinafter "Defendant") shall pay restitution in the amount of $9,000
21 as a result ofDefendant's conviction for Receipt of Images of Minors Engaged in Sexually
22 Explicit Conduct, in violation of 18 U.S.C. § 2252(a)(2).
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2. Restitution shall be paid to the following victim in the specified amount:
Victims
"Alex" of the RCA Series
"Pia" of the Sweet White Sugar Serie
"Sloane" of the Tara Series Amount
$3,000
$3,000
$3,000
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1 3. Defendant shall make a bona fide effort to pay restitution in full as soon as 2 practicable.
3 4. After considering the factors set forth in 18 U.S.C. § 3664(f)(2), the Court 4 finds that the Defendant has the ability to pay the restitution as set forth in the following 5 payment schedule:
6 a. During any period of incarceration, Defendant shall pay restitution 7 through the Inmate Financial Responsibility Program at the rate of 25% of Defendant's 8 income, or $25.00 per quarter, whichever is greater.
9 b. Upon release from custody, Defendant shall pay restitution at the rate
1 O of at least $200 per month, subject to modification upon further agreement of the parties 11 or order of the Court.
12 5. This payment schedule does not foreclose the United States from exercising 13 all legal actions, remedies, and process available to collect the restitution judgment, 14 including but not limited to remedies pursuant to 18 U.S.C. §§ 3613 and 3664(m)(l)(A). 15 6. Defendant shall forward all restitution payments, by bank or cashier's check 16 or money order payable to the "Clerk, U.S. District Court," to:
1 7 Clerk of the Court
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22 7.
United States District Court Southern District of California
333 West Broadway, Suite 420 San Diego, CA 92101
The Court has determined that Defendant does not have the ability to pay 23 interest. The interest requirement is waived pursuant to 18 U.S.C. 3612(f)(3)(A). 24 8. Until restitution has been paid, Defendant shall notify the Clerk of the Court 25 and the United States Attorney's Office of any change in Defendant's economic 26 circumstances that might affect Defendant's ability to pay restitution no later than thirty 27 days after the change occurs. See 18 U.S.C. § 3664(k).
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1 9. Until restitution has been paid, Defendant shall notify the Clerk of the Court 2 and the United States Attorney's Office of any change in mailing or residence address, no 3 later than thirty days after the change occurs. See 18 U.S.C. § 3612(b)(l)(F).
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IT IS SO ORDERED.
HON. CATHY ANNBENCIVENGO
United States District Judge
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