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Subject:[RESOGUIT-L] Boze Sentencing Update: Monday, 10:30am, Ft. Worth
Date:Thursday, September 20, 2007  08:21:47 (-0700)
From:Betty Wheeler <bettywheeler @.....com>

Boze update:

I finally had a chance to talk with the assistant U.S. attorney who is
prosecuting the Raymond Boze (aka Matt Roe) case, and here is an update.

Sentencing is set for Monday, Sept. 24 at 10:30 a.m., in the courtroom of
United States District Judge Terry R. Means (in the United States Courthouse
in Ft. Worth, which I believe is at 501 West Tenth St.).

The presentence report is not public information, so at this point, we don't
know what the sentence is likely to be.  I will call the prosecutor after
the sentencing hearing on Monday and will be able to get the details at that
point.  I get the impression that Boze is likely to have additional time to
serve before he is eligible for supervised release, but we won't know until
Monday what the length of his sentence is.  He has been in federal prison
for about a year now, and of course, time he has actually served will count
toward his sentence.  (Earlier, I made a "semi-educated" guess of a sentence
in the 2-3 year range, based on estimates involving sentencing guideline
factors such as total number of victims, total amount of monetary loss,
etc., so I'll be very curious to see how close my guess was.)

The judgment the Court will enter on Monday will include not only the length
of the sentence, but also a restitution order, providing for monetary
restitution to the victims.  There will be some sort of court document that
will set out the specifics on a per-victim basis, so those of you who
submitted your information in the course of this prosecution should
be included in the restitution order, subject to the court's finding
that your loss was part of the crime.  (As I mentioned earlier, Boze was
disputing part of the restitution amount, which is why the sentencing was
delayed; I don't know yet how those disputed amounts were resolved.  For
what it's worth, the amount that was indicated in the court document as
being in dispute, $127,966.07, was somewhat higher than my impression with
respect to the total losses in this case, so I'm hoping the final court
documents will give us a better picture of the factual details as they were
developed during the course of the prosecution.)

Depending on the length of his sentence, Boze will have something like a
3-year supervised release once he leaves federal prison.  During that time,
he will be reporting to a probation officer, and will be required to meet
certain conditions, that typically would include holding gainful employment,
paying a minimum amount each month to the Clerk of the Court for
restitution, and in some cases, special conditions that relate to the nature
of his crime (for example, staying away from the Internet might be a
condition in a case like his).

As a practical matter, the amount of money Boze actually pays back to the
victims will depend on a number of things, including his future employment,
and given his profile, he may never pay it all back, but I do believe that
the terms of the supervised release will result in at least some restitution
being paid, and this is something we can monitor closely over time.

If anyone is in the Ft. Worth area and interested in attending the
sentencing hearing, let me know off-list:  bettywheeler@gmail.com.  Here is
the case info:  United States v. Boze, Criminal. No. 4:07-CR-042-Y, U.S.
District Court for the Northern District of Texas, Fort Worth Division.

I'll post an update after the sentencing hearing on Monday.

I certainly appreciate everything the victims have done to cooperate in the
investigation and prosecution of this case.   I've been inside a number of
jails and prisons, and I'm pretty confident that the past year has not been
a pleasant experience for Boze.  I also believe that loss of freedom is a
real form of punishment.  So I believe that a measure of justice is being
achieved in this case, and the credit for that goes to the victims who
were willing to participate in the investigation and prosecution of this
case.

Betty


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