Opinion
Case Number: 5:11CR50049-01 USM Number: 26536-298
01-03-2012
UNITED STATES OF AMERICA v. KARLA R. ATKINS, A/K/A KARLA R. HANSON
Gary G. Colbath Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
Gary G. Colbath
Defendant's Attorney
THE DEFENDANT:
[X] pleaded guilty to count(s) 1 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. § 228(a) ¦Failure to Pay Legal Child ¦05/03/2011 ¦1 ¦ ¦(3) ¦Support ¦ ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in this judgment. The sentence is imposed pursuant the statutory and constitutional authority vested in this court.
[] The defendant has been found not guilty on count(s) _
[] Count(s)_ [] is [] are dismissed on the motion of the United States.
IT IS ORDERED that the defendant shall 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 any material changes in economic circumstances.
12/29/2011
Date of Imposition of Judgment
________________________
Signature of Judge
Jeffrey L. Viken , United States District Judge
Name and Title of Judge
UNSUPERVISED PROBATION
The defendant is hereby sentenced to unsupervised probation for a term of: 5 years.
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 placement on probation and at least two periodic drug tests thereafter, as determined by the probation office.
[X] The above drug testing condition is suspended based on the court's determination that the defendant will not be supervised by the U.S. Probation Office. (Check, if applicable.)
[X] The defendant shall not possess a firearm, 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 probation that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.
The defendant shall notify the United States Attorney for this district within 30 days of any change of mailing or residence address that occurs while any portion of the restitution remains unpaid.
The defendant must comply with the conditions on the attached page.
SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall notify the Financial Litigation Unit of the United States Attorneys Office of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution.
2. The defendant shall stay current with ongoing child support obligations.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties under the schedule of payments on Sheet 6.
+--------------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +--------+------------+--------+-------------¦ ¦TOTALS ¦$ 100.00 ¦$ waived¦$ 34,368.17 ¦ +--------------------------------------------+
[] The determination of restitution is deferred until.
An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
[] 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(f), all nonfederal victims must be paid before the United States is paid.
+-----------------------------------------------------------------------------+ ¦Name of Payee ¦Total Loss ¦Restitution Ordered ¦Priority Or Percentage ¦ +----------------+-------------+---------------------+------------------------¦ ¦State of South ¦ ¦ ¦ ¦ ¦Dakota, Office ¦$34,368.17 ¦$34,368.17 ¦ ¦ ¦of Child Support¦ ¦ ¦ ¦ ¦Enforcement ¦ ¦ ¦ ¦ +----------------+-------------+---------------------+------------------------¦ ¦TOTALS ¦$ 34.368.17 ¦$ 34,368.17 ¦ ¦ +-----------------------------------------------------------------------------+
Findings for the total amount of losses are required under Chapters 109A, 110,110A, and 113AofTitle 18 for offenses committed on or after September 13, 1994 but before April 23, 1996.
[] 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:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:
A [X] Lump sum payment of $ 100.00_due immediately.
[] not later _, or
[] in accordance [] C, [] D, [] E, or [] F below); or
B [] Payment to begin immediately (may be combined with [] C, [] D, [] F below); or
C [X] Payment of restitution in equal monthly installments of $200.00 to commence 60 days after the date of this judgment; or
D [] Payment in equal weekly (e.g., weekly, monthly, or 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 of the criminal monetary penalties shall be due in regular quarterly installments of of the deposits in the defendant's inmate trust account while the defendant is in custody. Any portion of the monetary obligation(s) not paid in full prior to the defendant's release from custody shall be due in monthly installments of, such payments to begin, days following the defendant's release; or
F [] Special instructions regarding the payment of criminal monetary penalties:
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.
[] Joint and Several
Defendant and Co-Defendant Names and Case Number (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.
[] 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