USA 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
27 	//
28 	//
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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
1O 	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:
17 	Clerk of the Court
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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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