Opinion
Case Number: 5:12-CR-48-1FL USM Number: 56107-056
04-17-2013
UNITED STATES OF AMERICA v. JERMAINE RAY LUCAS
LAWRENCE H. BRENNER Defendant's Attorney
AMENDED JUDGMENT IN A CRIMINAL CASE
LAWRENCE H. BRENNER
Defendant's Attorney
Date of Original Judgment: 4/5/2013
(Or Date of Last Amended Judgment)
Reason for Amendment:
[ ] Correction of Sentence on Remand (18 U.S.C. 3742(f)(1) and (2)) [ ] Reduction of Sentence for Changed Circumstances (Fed. R. Crim. P. 35(b)) [√] Correction of Sentence by Sentencing Court (Fed. R. Crim. P. 35(a)) [ ] Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36) *Change in denial of Federal Benefits [ ] Modification of Supervision Conditions (18 U.S.C. §§ 3563(c) or 3583(e)) [ ] Modification of Imposed Term of Imprisonment for Extraordinary and Compelling Reasons (18 U.S.C. § 3582(c)(1)) [ ] Modification of Imposed Term of Imprisonment for Retroactive Amendment(s) to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2)) [ ] Direct Motion to District Court Pursuant [ ] 28 U.S.C. § 2255 or [ ] 18 U.S.C. § 3559(c)(7) [ ] Modification of Restitution Order (18 U.S.C. § 3664)
THE DEFENDANT:
[√] pleaded guilty to count(s) COUNTS 1, 2, 3, 4, AND 5 OF INDICTMENT [ ] pleaded nolo contendere to count(s) ____________________ which was accepted by the court. [√] was found guilty on count(s) COUNTS 1SS AND 2SS OF SECOND SUPERSEDING INDICTMENT after a plea of not guilty. The defendant is adjudicated guilty of these offenses:
+-----------------------------------------------------------------------------+ ¦ Title & Section ¦ Nature of Offense ¦ Offense Ended ¦ Count ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦21 U.S.C. §841 ¦Distribution of a Quantity of ¦12/10/2010 ¦1,2,3,4¦ ¦(a)(1) ¦Cocaine Base (Crack) ¦ ¦ ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦ ¦Possession With Intent to ¦ ¦ ¦ ¦21 U.S.C. §841 ¦Distribute 28 Grams or More of ¦12/10/2010 ¦5 ¦ ¦(a)(1) ¦ ¦ ¦ ¦ ¦ ¦Cocaine Base ¦ ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. [ ] 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 must 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 material changes in economic circumstances.
4/5/2013
Date of Imposition of Judgment
_________________
Signature of Judge
LOUISE WOOD FLANAGAN US DISTRICT JUDGE
Name of Judge Title of Judge
ADDITIONAL COUNTS OF CONVICTION
+-----------------------------------------------------------------------------+ ¦ Title & Section ¦ Nature of Offense ¦ Offense Ended ¦ Count ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦18 U.S.C. §§922 ¦ ¦ ¦ ¦ ¦(g)(1) ¦Felon in Possession of a Firearm ¦12/10/2010 ¦1ss ¦ ¦ ¦ ¦ ¦ ¦ ¦and 924 ¦ ¦ ¦ ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦18 U.S.C. §§924 ¦Possession of a Short-Barreled ¦ ¦ ¦ ¦(c)(1) ¦Rifle in Furtherance of ¦12/10/2010 ¦2ss ¦ ¦ ¦ ¦ ¦ ¦ ¦(A) and (B)(1) ¦a Drug Trafficking Crime ¦ ¦ ¦ +-----------------------------------------------------------------------------+
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
63 Months on each of Counts 1, 2, 3, 4, and 5 of Indictment and Count 1ss of Second Superseding Indictment, to be served concurrently; and, a term of 120 Months on Count 2ss to be served consecutively, producing a total term of 183 Months
[√] The court makes the following recommendations to the Bureau of Prisons:
The court recommends that the defendant receive vocational training and educational opportunities and a comprehensive medical assessment. The court recommends defendant receive a mental health assessment and mental health treatment. The court recommends that he serve his term in a federal medical facility.
[√] 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 ____________________ [ ] a.m. [ ] p.m. 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 2 p.m. on ____________________ .
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Office.
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 UNITED STATES MARSHAL
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of
3 Years on Counts 1, 2, 3, 4, and 1ss, and 5 Years on Counts 5 and 2ss, to run concurrently
The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. 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 release from imprisonment and at least two periodic drug tests thereafter, as determined by the court. [ ] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.) [√] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.) [√] 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 supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
1) the defendant shall not leave the judicial district without the permission of the court or probation officer;
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
4) the defendant shall support his or her dependents and meet other family responsibilities;
5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;
6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;
8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer;
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer;
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and
13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record, personal history, or characteristics and shall permit the probation officer to make such notifications and confirm the defendant's compliance with such notification requirement.
ADDITIONAL SUPERVISED RELEASE TERMS
The defendant shall provide the probation office with access to any requested financial information. The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation office. The defendant shall consent to a warrantless search by a United States probation officer or, at the request of the probation officer, any other law enforcement officer, of the defendant's person and premises, including any vehicle, to determine compliance with the conditions of this judgment. The defendant shall cooperate in the collection of DNA as directed by the probation officer. The defendant shall participate in a program of mental health treatment, as directed by the probation office. The defendant shall participate in a vocational training program as directed by the probation officer.
CRIMINAL MONETARY PENALTIES
The defendant must pay the following total criminal monetary penalties under the schedule of payments on Sheet 6.
+--------------------------------------------+ ¦ ¦ Assessment ¦ Fine ¦ Restitution ¦ +--------+------------+--------+-------------¦ ¦TOTALS ¦$ 700.00 ¦$ 0.00 ¦$ 0.00 ¦ +--------------------------------------------+ [ ][]The determination of restitution is deferred until_____ . An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. [ ] The defendant shall 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. § 3 664(i), all nonfederal 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). 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). [ ] 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 [ ] fine [ ] restitution.
[ ] the interest requirement for [ ] fine [ ] restitution is modified as follows:
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113 A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows: A [ ] Lump sum payment of $ _____ due immediately, balance due
[ ] not later than ____________________ , orB [ ] Payment to begin immediately (may be combined with [ ] C, [ ] D, or [ ] F below); or C [ ] Payment in equal ___________ (e.g., 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., 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:
[ ] in accordance with [ ] C, [ ] D, [ ] E, or [ ] F below; or
The special assessment in the amount of $700.00 is due in full immediately. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of 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 Numbers (including defendant number), 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.
DENIAL OF FEDERAL BENEFITS
(For Offenses Committed On or After November 18, 1988)
FOR DRUG TRAFFICKERS PURSUANT TO 21 U.S.C. § 862
IT IS ORDERED that the defendant shall be: * [√] ineligible for all federal benefits for a period of 5 Years . [ ] ineligible for the following federal benefits for a period of ____________________ .
(specify benefit(s))
OR
[ ] Having determined that this is the defendant's third or subsequent conviction for distribution of controlled substances, IT IS ORDERED that the defendant shall be permanently ineligible for all federal benefits.
FOR DRUG POSSESSORS PURSUANT TO 21 U.S.C. § 862(b)
IT IS ORDERED that the defendant shall: [ ] be ineligible for all federal benefits for a period of ____________________ . [ ] be ineligible for the following federal benefits for a period of ____________________ .
(specify benefit(s)) [ ] successfully complete a drug testing and treatment program. [ ] perform community service, as specified in the probation and supervised release portion of this judgment. [ ] Having determined that this is the defendant's second or subsequent conviction for possession of a controlled substance, IT IS FURTHER ORDERED that the defendant shall complete any drug treatment program and community service specified in this judgment as a requirement for the reinstatement of eligibility for federal benefits.
Pursuant to 21 U.S.C. § 862(d), this denial of federal benefits does not include any retirement, welfare, Social Security, health, disability, veterans benefit, public housing, or other similar benefit, or any other benefit for which payments or services are required for eligibility. The clerk is responsible for sending a copy of this page and the first page of this judgment to: