Opinion
Case Number: 1:06CR01442-002JB USM Number: 32136-051
05-14-2013
UNITED STATES OF AMERICA v. Thomas Begay Jr
Defense Attorney: Don Kochersberger, Appointed
Judgment in a Criminal Case
(For Revocation of Probation or Supervised Release)
Defense Attorney: Don Kochersberger, Appointed THE DEFENDANT: [×] admitted guilt to violations of condition(s) Special, SC of the term of supervision. [ ] was found in violation of condition(s) after denial of guilt. The defendant is adjudicated guilty of these violations:
+-----------------------------------------------------------------------------+ ¦ Violation Number ¦ Nature of Violation ¦ Violation Ended ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦SC - The defendant failed to answer ¦ ¦ ¦ ¦truthfully all inquiries by the ¦08/15/2012 ¦ ¦ ¦probation officer and failed to follow ¦ ¦ ¦ ¦instructions of the probation officer. ¦ ¦ +-----------------------------------------------------------------------------+ The defendant is sentenced as provided in pages 1 through 3 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). IT IS FURTHER 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. 3762
Last Four Digits of Defendant's Soc. Sec. No.
1977
Defendant's Year of Birth
Gallup, NM
City and State of Defendant's Residence
May 13, 2013
Date of Imposition of Judgment
James O. Browning
Signature of Judge
Honorable James O. Browning
United States District Judge
Name and Title of Judge
ADDITIONAL VIOLATIONS
+-----------------------------------------------------------------------------+ ¦ Violation Number ¦ Nature of Violation ¦ Violation Ended ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦Special - The defendant failed to ¦ ¦ ¦ ¦refrain from the use and possession of ¦ ¦ ¦ ¦alcohol and other forms of intoxicants. ¦09/07/2012 ¦ ¦ ¦He failed to refrain from frequenting ¦ ¦ ¦ ¦places where alcohol is the primary item¦ ¦ ¦ ¦for sale. ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦SC - The defendant failed to notify the ¦ ¦ ¦ ¦probation officer within seventy-two ¦07/28/2012 ¦ ¦ ¦hours of being arrested or questioned by¦ ¦ ¦ ¦a law enforcement officer. ¦ ¦ +-----------------------------------------------------------------------------+
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 11 months.
Although advisory, the Court has considered the Guidelines and, in arriving at its sentence, has taken account of the Guidelines with other sentencing goals. Specifically, the Court has considered the Guidelines' sentencing range established for the applicable category of offense committed by the applicable category of Defendant. The Court believes that the Guidelines' punishment is appropriate for this sort of offense. Therefore, the sentence in this judgment is consistent with a guideline sentence. The Court has considered the kind of sentence and range established by the Guidelines. The Court believes that a sentence of 11 months reflects the seriousness of the offense, promotes respect for the law, provides just punishment, affords adequate deterrence, protects the public, avoids unwarranted sentencing disparities among similarly situated defendants, effectively provides the Defendant with needed education or vocational training and medical care, and otherwise fully reflects each of the factors embodied in 18 U.S.C. Section 3553(a). The Court also believes the sentence is reasonable. The Court believes the sentence is sufficient, but not greater than necessary, to comply with the purposes set forth in the Sentencing Reform Act.
[×] The court makes these recommendations to the Bureau of Prisons:
Phoenix Federal Correctional Institution, Phoenix, Arizona, if eligible [×] 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 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