Opinion
CASE NUMBER: 11-PO-00136-DLW-01 U.S. MARSHAL NO: 37-992-013
12-28-2011
UNITED STATES OF AMERICA v. WASH KMUSH BUCKSKIN
Brian Showalter, Appointed (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
(For a Petty Offense)
Brian Showalter, Appointed
(Defendant's Attorney)
THE DEFENDANT: Plead Guilty to Count One of the Information.
ACCORDINGLY, the Court has adjudicated that the Defendant is Guilty of the following offense:
+--------------------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Date Offense Concluded ¦Count Number(s) ¦ +-----------------+-------------------+------------------------+-----------------¦ ¦18U.S.C. §§113(a)¦Simple Assault, ¦ ¦ ¦ ¦(5) and 1152 ¦Committed in Indian¦07/19/11 ¦One ¦ ¦ ¦Country ¦ ¦ ¦ +--------------------------------------------------------------------------------+
The Defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
IT IS 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. If ordered to pay restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.
David L West , U.S. Magistrate Judge
Name & Title of Judicial 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 six (6) months with credit for time served of eighty-three (83) days.
The Court recommends the remainder of the defendant's sentence be served at a mental health institution within the Bureau of Prisons to receive the inpatient treatment needed.
The defendant shall report to Probation within seventy-two (72) hours of his release from the Bureau of Prisons.
The defendant is remanded to the custody of the United States Marshal.
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
The defendant is hereby placed on probation for a term of two (2) years.
The defendant shall not commit another federal, state, or local crime and shall not illegally possess a controlled substance.
The defendant shall refrain from any unlawful use of a controlled substance and shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as directed by the probation officer.
The defendant shall not possess a firearm as defined in 18 U.S.C. § 921.
The defendant shall cooperate in the collection of a DNA sample from the defendant as directed by the probation officer.
If this judgment imposes a fine or a restitution obligation, it shall be a condition of probation that the defendant pay any such fine or restitution in accordance with the Schedule of Payments set forth in the Monetary Obligations sheet of this judgment.
The defendant shall comply with the standard conditions that have been adopted by this court (set forth below). The defendant shall also comply with the additional conditions on the following 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 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 substance, 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 at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by 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.
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) The defendant shall provide the probation officer with access to any requested financial information.
ADDITIONAL CONDITIONS OF SUPERVISION
1) The defendant shall participate in and successfully complete a program of testing and/or treatment for substance abuse, as approved by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall not possess or consume any alcohol or controlled substances during the course of probation and shall pay the cost of treatment and testing as directed by the probation officer
2) The defendant shall participate in and successfully complete a program of mental health treatment, as approved by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report for continuity of treatment.
3) The defendant shall remain compliant and shall take all medications that may be prescribed by his treating psychiatrist. The defendant shall cooperate with random blood tests as requested by his treating psychiatrist and/or supervising probation officer to ensure that a therapeutic level of his/her prescribed medications is maintained
4) The defendant shall complete a course of cultural and traditional values of the Southern Ute Indian Tribe as directed by the probation officer.
MONETARY OBLIGATIONS
The defendant shall pay the following monetary obligations in accordance with the schedule of payments set forth below.
+------------------------------------------------+ ¦Count ¦Assessment ¦CVB ¦Fine ¦Restitution ¦ +--------+------------+-----+------+-------------¦ ¦1 ¦$10.00 ¦0 ¦$0.00 ¦$0.00 ¦ +--------+------------+-----+------+-------------¦ ¦TOTALS ¦$10.00 ¦ ¦$0.00 ¦$0.00 ¦ +------------------------------------------------+
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total monetary obligations shall be due as follows:
The special assessment fee is due immediately.
All monetary obligation payments, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court, unless otherwise directed by the court, the probation officer, or the United States Attorney.
The defendant shall receive credit for all payments previously made toward any monetary obligations imposed.
Payments shall be applied in the following order: (1) special assessment.