Opinion
Case Number: 3:12-po-198
05-10-2013
UNITED STATES OF AMERICA v. EDWARD CANTRELL
Thomas Anderson, Esq. Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
Thomas Anderson, Esq.
Defendant's Attorney
THE DEFENDANT:
[√] pleaded guilty to Count 2 & 4 of the Information and Count 1 of the Superseding Information. [ ] pleaded nolo contendere to counts(s) ___ which was accepted by the court. [ ] was found guilty on count(s) ___ after a plea of not guilty.
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offenses:
+----------------------------------------------------------------------------------------------+ ¦ ¦ ¦D ate Offense ¦ ¦ ¦ Title & Section ¦ Nature of Offense ¦ ¦ Count # ¦ ¦ ¦ ¦ Concluded ¦ ¦ +---------------------------+---------------------------------------+---------------+----------¦ ¦ ¦WAS IN PHYSICAL CONTROL OF A VEHICLE ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦18 U.S.C. §§ 7 & 13 and ¦WHILE UNDER THE INFLUENCE OF ALCOHOL, ¦ ¦ ¦ ¦ ¦ ¦8/17/2012 ¦One (S) ¦ ¦O.R.C. § 4511.19.4(B) ¦A DRUG OF ABUSE, OR A COMBINATION OF ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦THEM BOTH ¦ ¦ ¦ +---------------------------+---------------------------------------+---------------+----------¦ ¦18 USC §§ 7 & 13 and ¦ ¦ ¦ ¦ ¦ ¦DRIVING UNDER SUSPENSION ¦8/17/2012 ¦Two (2) ¦ ¦O.R.C. §§ 4510.11(A) ¦ ¦ ¦ ¦ +---------------------------+---------------------------------------+---------------+----------¦ ¦18 USC 3118 ¦REFUSAL TO TEST ¦8/17/2012 ¦Four (4) ¦ +----------------------------------------------------------------------------------------------+ pursuant to the Sentencing Reform Act of 1984. [ ] The defendant has been found not guilty on counts(s) ___ and is discharged as to such count(s). [√] Count(s) 3 is dismissed on the motion of the United States. [ ] The defendant is sentenced as provided in pages 2 through _4_ of this judgment. The sentence is imposed The defendant's operator's license be suspended for a period of three (3) years.
IT IS FURTHER 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. Defendant's Soc. Sec. No.: XXX-XX-2833 Defendant's Date of Birth: XX-XX-1973 Defendant's USM No.: Defendant's Residence and Mailing Address:
1932 Burbank Drive
Dayton, Ohio 45406
May 8, 2013
Date of Imposition of Judgment
Michael R. Merz
United States Magistrate Judge
IMPRISONMENT
The defendant is hereby committed to custody for a total term of sixty (60) days. [ ] The court makes the following recommendations to the Bureau of Prisons: [ ] The defendant is remanded to the custody of the United States Marshal. [ ] The defendant shall surrender to the United States Marshal for this district.
[ ] at ___ on ___.[ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[ ] as notified by the United States Marshal.
[ ] before _ on ___.
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Officer.
RETURN
I have executed this judgment as follows: _________________________________
Defendant delivered on ___________ to ___________ at ___________, with a certified copy of this judgment.
___________
UNITED STATES MARSHAL
By ___________
Deputy U.S. Marshal
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments set forth on Sheet 5, Part B.
+-----------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +-------+------------+------+-------------¦ ¦Totals:¦$ 20.00* ¦$ 0.00¦ ¦ +-----------------------------------------+ * suspended [ ] If applicable, restitution amount ordered pursuant to plea agreement ............... $ ___________
FINE
The above fine includes costs of incarceration and/or supervision in the amount of $ _.
The defendant shall pay interest on any fine of more than $2500, unless the fine is paid in full before the fifteenth day after the date of judgment, pursuant to 1 8 U.S.C. §361 2(f). All of the payment options on Sheet 5, Part B may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). [ ] The court determined that the defendant does not have the ability to pay interest and it is ordered that:
[ ] The interest requirement is waived.
[ ] The interest requirement is modified as follows:
RESTITUTION
[ ] The determination of restitution is deferred in a case brought under Chapters 1 09A, 1 00, 1 1 0A and 1 1 3A of Title 1 8 for offenses committed on or after 09/1 3/1 994, until up to 60 days. An amended Judgment in a Criminal Case will be entered after such determination. [ ] The court modifies or waives interest on restitution as follows: [ ] The defendant shall make restitution to the following payees in the amounts listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise in the priority order of percentage payment column below.
+----------------------------------------------------------------------+ ¦ ¦ Total ¦Amount of ¦Priority Order ¦ ¦Name of Payee ¦ ¦ ¦ ¦ ¦ ¦Amount of Loss ¦Restitution Ordered ¦or % of Pymnt ¦ +---------------+----------------+---------------------+---------------¦ ¦ ¦TOTALS: ¦$ ¦$ ¦ +----------------------------------------------------------------------+
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994.