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United States v. Christal

United States District Court Middle District of Louisiana
Aug 23, 2012
Criminal Number:3:99CR00024-001 (M.D. La. Aug. 23, 2012)

Opinion

Criminal Number:3:99CR00024-001

08-23-2012

UNITED STATES OF AMERICA v. LOUIS CHRISTAL (Defendant's Name)

Richard M. Upton, Esq. Defendant's Attorney


JUDGMENT IN A CRIMINAL CASE

(For Revocation of Probation or Supervised Release)

USM Number:

Richard M. Upton, Esq.

Defendant's Attorney

THE DEFENDANT:

[?] admitted guilt to violation of condition(s) of the term of supervision. [ ] was found in violation of condition(s) _ after denial of guilt. The defendant is adjudicated guilty of these violations:

+---------------------------------------------------------+ ¦ ¦ ¦Date Violation ¦ ¦Violation Number ¦Nature of Violation ¦ ¦ ¦ ¦ ¦Occurred ¦ +------------------+---------------------+----------------¦ ¦See next page. ¦ ¦ ¦ +---------------------------------------------------------+

The defendant is sentenced as provided in pages 2 through _5_ of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. [ ] The defendant has not violated condition(s) _and is discharged as to such violation(s) condition.

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.

8/23/2012

Date of Imposition of Sentence

______________________

Signature of Judicial Officer

FRANK J. POLOZOLA , United States District Judge

Name & Title of Judicial Officer

USA

NLT

Casebonne

ADDITIONAL VIOLATION

+-----------------------------------------------------------------------------+ ¦ ¦ ¦Date Violation ¦ ¦Violation Number ¦Nature of Violation ¦ ¦ ¦ ¦ ¦Concluded ¦ +------------------+-----------------------------------------+----------------¦ ¦ ¦On March 23, 20 i 1, officers with the ¦ ¦ ¦ ¦Baton Rouge ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Police Department observed Mr. Christal ¦ ¦ ¦ ¦exit a green ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Pontiac car that was parked on the side ¦ ¦ ¦ ¦of the roadway ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦with loud music coming from it. The ¦ ¦ ¦ ¦officer stopped ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦his unit and then Mr. Christai entered ¦ ¦ ¦ ¦the Pontiac and ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦turned the music down, The officer ¦ ¦ ¦ ¦observed the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦offender manipulating something in the ¦ ¦ ¦ ¦center console ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦area of the vehicle. The officer gave Mr.¦ ¦ ¦ ¦Christai ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦verbal commands to exit the car and show ¦ ¦ ¦1 ¦his hands. ¦March 23,201! ¦ ¦ ¦ ¦ ¦ ¦ ¦Christal exited the vehicle and began to ¦ ¦ ¦ ¦flee from the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦officer. Mr. Christai was issued a ¦ ¦ ¦ ¦summons for loud music ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦from a vehicle, drinking in a motor ¦ ¦ ¦ ¦vehicle, possession of ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦marijuana, and resisting an officer, Mr. ¦ ¦ ¦ ¦Christai was ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦charged in Baton Rouge City Court Docket ¦ ¦ ¦ ¦Number 11- ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦CR-028557S. He entered a plea of guilty ¦ ¦ ¦ ¦on August 19, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦2013, to lesser charges of public ¦ ¦ ¦ ¦drinking prohibited and ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦nuisance to be abated, Mr. Christai was ¦ ¦ ¦ ¦sentenced to ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦pay a fine and court costs. ¦ ¦ +------------------+-----------------------------------------+----------------¦ ¦ ¦On October 10, 2011, officers with the ¦ ¦ ¦ ¦Baton Rouge ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Police Department were dispatched to 336 ¦ ¦ ¦ ¦Mary Street, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Baton Rouge, to investigate a report of ¦ ¦ ¦ ¦damage to ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦property. The complainant advised Mr. ¦ ¦ ¦ ¦Christai went to ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦her residence and used a wrench to break ¦ ¦ ¦ ¦the front ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦passenger window of her vehicle. The ¦ ¦ ¦ ¦officer located the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦offender who admitted he broke the ¦ ¦ ¦ ¦window. Mr. Christai ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦was issued a summons for simple criminal ¦ ¦ ¦ ¦damage to ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦properly and told not to return. Later in¦ ¦ ¦ ¦the morning the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦officer was again dispatched to the ¦ ¦ ¦ ¦complaint's address ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦because Christai returned. When the ¦ ¦ ¦ ¦officer arrived at the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦complainant's address, Mr. Christai ran ¦ ¦ ¦2 ¦from the officer. ¦October 10, 2011¦ ¦ ¦ ¦ ¦ ¦ ¦The officer deployed his lazer and ¦ ¦ ¦ ¦apprehended the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦offender. Mr. Christai removed his penis ¦ ¦ ¦ ¦from his pants ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦and began urinating on the street. The ¦ ¦ ¦ ¦officer revoked the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦summons issued earlier and arrested Mr. ¦ ¦ ¦ ¦Christai for ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦simple criminal damage to properly, ¦ ¦ ¦ ¦entering and ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦remaining after being forbidden, ¦ ¦ ¦ ¦urinating in public and ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦resisting an officer, Mr. Christai was ¦ ¦ ¦ ¦charged in Baton ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Rouge City Court Docket Number ¦ ¦ ¦ ¦II-CR106994S. He ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦entered a plea of guilty on December 9, ¦ ¦ ¦ ¦2011, to lesser ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦charges of nuisance to be abated and ¦ ¦ ¦ ¦attempted damage to ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦properly. Mr. Christal was sentenced to ¦ ¦ ¦ ¦pay a fine and ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦court costs. ¦ ¦ +-----------------------------------------------------------------------------+

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a tolal term of 13 months . [?] The court makes the following recommendations to the Bureau of Prisons:

The Court recommends the defendant be designated to a facility where he can receive mental health and medical treatment. [?] 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_.
[ ] as notified by the United States Marsha I.
[ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[ ] before _ on _.
[ ] as notified by the United States Marshal.
[ j as notified by the Probation or Pretrial Services Officer.

RETURN

I have executed this judgment as follows:

___________________________

Defendant delivered on _____ to _____ a _____, with a certified copy of this judgment.

_____

UNITED STATES MARSHAL

By ___________

Deputy U.S. Marshal

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.

+----------------------------------------+ ¦ ¦Assessment¦Fine ¦Restitution¦ +-------+----------+---------+-----------¦ ¦Totals:¦$ ¦$2,150.00¦$ ¦ +----------------------------------------+ [ ] The determination of restitution is deferred until _. An Amended Judgment in a Criminal Case (A0245C) will be entered after such determination. [ ] The defendant must make restitution (including community restitution) to the following payees in the amounts 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 coiumn below. However, pursuant to 18 U.S.C.§3664(i), ail non-federal victims must be paid before the United States is paid.

+----------------------------------------------------------------------+ ¦Name of Payee¦Total Loss ¦Restitution Ordered¦Priority or Percentage¦ +-------------+-------------+-------------------+----------------------¦ ¦TOTALS: ¦$ ¦$ ¦ ¦ +----------------------------------------------------------------------+ [ ] 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)- Ail of the payment options on Sheet 6 may be subject to penalties for delinquency and default, 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 for the [ ] fine [ ] restitution.
[ ] The interest requirement for the [ ] fine [ ] restitution is modified as follows:

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, but before April 23,1996.

SCHEDULE OF PAYMENTS

Having accessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows: A [?] Lump sum of $ 2,150.00 due immediately.

[ ] not later than or
[ ] in accordance [ ] C [ ] D, [ ] E, or [ ] F below; or
B [ ] Payment to begin immediately (may be combined with [ ] C, Q D, or [ ] F below); or C [ ] Payment in equal _ (e.g. equal, weekly, monthly, quarterly) installments of $ _ over a period of _ (e.g., months or years) to commence _ (e.g., 30 or 60 days) after the date of this judgment; or D [ ] Payment in equal _ (e.g. equal, weekly, monthly, 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 during the term of supervised release will commence within _(e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; 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 payments, 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 Numbers (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 costs:

[ ] 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.


Summaries of

United States v. Christal

United States District Court Middle District of Louisiana
Aug 23, 2012
Criminal Number:3:99CR00024-001 (M.D. La. Aug. 23, 2012)
Case details for

United States v. Christal

Case Details

Full title:UNITED STATES OF AMERICA v. LOUIS CHRISTAL (Defendant's Name)

Court:United States District Court Middle District of Louisiana

Date published: Aug 23, 2012

Citations

Criminal Number:3:99CR00024-001 (M.D. La. Aug. 23, 2012)