Opinion
Case # 1:05CR2-002(S), USM # 20322-017.
October 5, 2005
Allen Smith (Retained), Winter Haven, FL, Defendant's Attorney.
JUDGMENT IN A CRIMINAL CASE
The defendant pled guilty to Count 1 (of initial indictment) on April 8, 2005 and pled guilty on Count 3s of the Superseding Indictment on June 28, 2005. Accordingly, IT IS ORDERED that the defendant is adjudged guilty of such count(s) which involve(s) the following offense(s): TITLE/SECTION NATURE OF DATE OFFENSE NUMBER OFFENSE CONCLUDED COUNT 18 U.S.C. §§ 2113 18 U.S.C. § 924
(a) Armed Bank Robbery November 16, 2004 One 2113(d) and 2 (c)(1)(A) Use and Carry a Firearm November 16, 2004 Three During a Crime of Violence The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984, including amendments effective subsequent to 1984, and the Sentencing Guidelines promulgated by the U.S. Sentencing Commission.Count 2 of initial indictment dismissed on the motion of the United States.
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.
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 60 months as to Count 1 and 84 months as to Count 3 to run consecutive to Count 1.It is the recommendation of the Court while in the custody of the Bureau of Prisons, the defendant be allowed to participate in a drug treatment or mental health program.
The defendant is remanded to the custody of the United States Marshal. The defendant was denied bond and has remained in the custody of the U.S. Marshal until sentencing.
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
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of 5 years as to Count 1 and 3 years as to Count 3, each to run concurrent with each other.The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from custody of the Bureau of Prisons.
The defendant shall not commit another federal, state, or local crime and shall not possess a firearm, destructive device, or any other dangerous weapon.
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.
STANDARD CONDITIONS OF SUPERVISION
The defendant shall comply with the following standard conditions that have been adopted by this court.
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 and shall submit a truthful and complete written report within the first five days of each month;
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 10 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 72 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 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.
14. if this judgment imposes a fine or a restitution obligation, it shall be a condition of supervision that the defendant pay any such fine or restitution in accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment.
ADDITIONAL CONDITIONS OF SUPERVISED RELEASE
The defendant shall also comply with the following additional conditions of supervised release:
The defendant shall not own or possess a firearm, dangerous weapon or destructive device.
The defendant shall participate in a program of drug and/or alcohol testing, treatment and counseling, as deemed necessary by the probation officer, which may also include in-patient drug treatment.
The defendant shall participate in a mental health evaluation and any treatment as deemed necessary by the probation officer.
The defendant shall remain gainfully employed or actively seek employment while under supervision.
The defendant shall make a good faith effort to obtain his General Education Diploma.
The defendant shall submit payments for any unpaid restitution in monthly installments of at least $150.00, beginning 60 days from his release from imprisonment.
The defendant shall submit all requested financial documentation to the probation officer.
The defendant shall pay 25% of his net income for child support or the repayment of AFDC. The payments may be made through the probation office.
Upon a finding of a violation of probation or supervised release, I understand the Court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision.
These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
_________________________________________ ____________________ Defendant Date
_________________________________________ ____________________ U.S. Probation Officer/Designated Witness Date
CRIMINAL MONETARY PENALTIES
All criminal monetary penalty payments, except those payments made through the Bureau of Prisons' Inmate Financial Responsibility Program, are to be made to the Clerk, U.S. District Court, unless otherwise directed by the Court. Payments shall be made payable to the Clerk, U.S. District Court, and mailed to 111 N. Adams St., Suite 322, Tallahassee, FL 32301-7717. Payments can be made in the form of cash if paid in person.The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth in the Schedule of Payments. The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options in the Schedule of Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).
SUMMARY
Special Monetary Assessment Fine Restitution
$200.00 NONE $3,990.00
SPECIAL MONETARY ASSESSMENT
A special monetary assessment of $200.00 is imposed.No fine imposed.
RESTITUTION
Restitution in the amount of $3,990.00 is imposed.
The defendant shall make restitution to the following victims in the amounts listed below. Total Amount Amount of Name of Payee of Loss Restitution Ordered
Capital City Bank $3,990.00 $3,990.00 If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise. If nominal payments are made by the defendant the court authorizes those payments to be made to the victims on a rotating basis.The amount of loss and the amount of restitution ordered will be the same unless, pursuant to 18 U.S.C. § 3664(f)(3)(B), the court orders nominal payments and this is reflected in the Statement of Reasons page.
The Court has determined that the defendant does not have the ability to pay interest. It is ORDERED that: In the interest of justice, interest on restitution is hereby waived.
SCHEDULE OF PAYMENTS
Payments shall be applied in the following order: (1) special monetary assessment; (2) non-federal victim restitution; (3) federal victim restitution; (4) fine principal; (5) costs; (6) interest; (7) penalties in full immediately in installments to commence 60 day(s) after release from imprisonment. In the event the entire amount of criminal monetary penalties imposed is not paid prior to the commencement of supervision the U.S. probation office shall pursue collection of the amount due, and shall request the court to establish a payment schedule if appropriate; or
In monthly installments of not less than $150.00 over a period of to commence after release from imprisonment.
Payment during the term of supervised release will commence within 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.
The defendant must notify the court of any material changes in the defendant's economic circumstances, in accordance with 18 U.S.C. §§ 3572(d), 3664(k) and 3664(n). Upon notice of a change in the defendant's economic condition, the Court may adjust the installment payment schedule as the interests of justice require.
Special instructions regarding the payment of criminal monetary penalties pursuant to 18 U.S.C. § 3664(f)(3)(A):
Unless the court has expressly ordered otherwise above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment. In the event the entire amount of monetary penalties imposed is not paid prior to the commencement of supervision, the U.S. probation officer shall pursue collection of the amount due. The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.
The defendant shall forfeit the defendant's interest in the following property to the United States:
EEA .38 Special revolver, a Star 9 millimeter NATO semi-automatic pistol and all seized ammunition