Opinion
Case No. 1:04-CR-105.
February 13, 2006
AMENDED JUDGMENT INCLUDING SENTENCE UNDER THE SENTENCING REFORM ACT
This amended judgment is entered pursuant to the Court's order granting Defendant's motion to correct sentencing error (Doc. No. 49).
The Defendant appeared with counsel, W. Kelly Johnson, Esq., before this Court for sentencing on November 8, 2005.
The Defendant has entered a guilty plea to Count 19 of the Indictment. Accordingly, the Defendant is adjudged GUILTY of COUNT 19: WIRE FRAUD, in violation of Title 18, Section 1343 of the United States Code;
The Defendant is sentenced as provided in pages 1 through 4 of this Judgment pursuant to the Sentencing Reform Act of 1984 as follows:
The Defendant is hereby sentenced to a term of imprisonment of TIME ALREADY SERVED;
Upon conclusion of the sentence of imprisonment, the Defendant shall serve a term of supervised release of THREE (3) YEARS;
During the term of supervised release, the Defendant shall be subject to the following standard conditions of supervised release for the Southern District of Ohio:
(1) the Defendant shall not commit another federal, state, or local crime;
(2) the Defendant shall not leave this judicial district without permission of the Court or probation officer;
(3) the Defendant shall report to the probation officer as directed by the probation officer or the Court and shall submit a truthful and complete written report within the first five days of each month;
(4) the Defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
(5) the Defendant shall meet family responsibilities;
(6) the Defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons;
(7) the Defendant shall notify the probation officer within seventy-two hours of any change in residence or employment;
(8) the Defendant shall refrain from the excessive use of alcohol and shall not purchase, possess, use, distribute or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician;
(9) the Defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
(10) the Defendant shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;
(11) the Defendant shall permit a probation officer to visit him at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;
(12) the Defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
(13) 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
(14) the Defendant shall notify third parties of risks that may be occasioned by the Defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the Defendant's compliance with such notification requirement;
In addition to the standard conditions of supervised release, the following special conditions shall apply:
(1) the Defendant shall not commit another federal, state, or local crime;
(2) the Defendant shall not possess a firearm or other dangerous weapon;
(3) the Defendant shall not possess a controlled substance;
(4) the Defendant shall provide all financial information requested by the probation officer and may not open any new lines of credit or make purchases on existing lines of credit without the probation officer's prior approval until restitution is paid in full;
(5) the Defendant shall pay the balance of his restitution obligation;
(6) the Defendant shall comply with all mental health treatment, including medication, as directed by the probation;
(7) the Defendant shall cooperate in the collection of DNA samples;
The Defendant shall pay restitution of $170,511.76.
The Defendant shall pay immediately a $100 special assessment.
The Defendant shall pay restitution at a rate of $200 per month. The Court will reassess the Defendant's ability to pay from time to time upon the probation officer's recommendation or the Defendant's petition for review of his ability to pay.
The statement of reasons for this sentence shall be filed separately.
The Defendant is hereby notified that he has a right to appeal this sentence, and if he is unable to pay the cost of an appeal, he has the right to apply to this Court for leave to proceed in forma pauperis. If he is indigent and cannot retain a lawyer, he may apply, and one will be appointed to represent him in his appeal.
The Defendant is further advised that, in accordance with the provisions of Rule 4(b) of the Rules of Appellate Procedure, he must file his notice of appeal with the Clerk of the United States District Court within 10 days of the filing of this judgment, which will be filed on February 13, 2006. Therefore, the Defendant must file his notice of appeal on or before February 23, 2006. The Defendant is also advised that if he so requests, the Clerk of this Court will prepare and file forthwith a notice of appeal on his behalf.