Opinion
Case No. 2:08cr208-01-MHT USM No. 12584-002
09-17-2012
UNITED STATES OF AMERICA v. KEVIN H. CHAMBLISS
Eric T. Hutchins Defendant's Attorney
Amended Judgment in a Criminal Case
(For Revocation of Probation or Supervised Release)
Eric T. Hutchins
Defendant's Attorney
THE DEFENDANT:
X admitted guilt to violation of condition(s) 1, 2 and 3 of the petition filed 5/10/12 amended 6/6/12 and 6/22/12 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 ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦The defendant left the judicial district¦ ¦ ¦1 ¦without the permission of the court or ¦5/10/12 ¦ ¦ ¦probation officer. ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦The defendant failed to notify the ¦ ¦ ¦2 ¦probation officer at least ten days ¦5/10/12 ¦ ¦ ¦prior to any change in residence or ¦ ¦ ¦ ¦employment. ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦The defendant failed to answer ¦ ¦ ¦3 ¦truthfully all inquiries by the ¦5/10/12 ¦ ¦ ¦probation officer and follow the ¦ ¦ ¦ ¦instructions of the probation officer. ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 4 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) condition.
Violation #4 was dismissed by the court on 9/7/12 without prejudice.
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. Last Four Digits of Defendant's Soc. Sec. No.: 1663 Defendant's Year of Birth: 1975 City and State of Defendant's Residence: Montgomery, AL
September 7, 2012
Date of Imposition of Sentence
_____________
Signature of Judge
MYRON H. THOMPSON , U.S. DISTRICT JUDGE
Name and Title of Judge
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 8 Months. The term of supervised release imposed on 11/16/2009 is hereby Revoked. [ ] The court makes the following recommendations to the Bureau of Prisons: X 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.
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.) X The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if X The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) X 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 be 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 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.
SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall participate in a program of drug testing administered by the United States Probation Office. 2. The defendant shall participate in a program approved by the United States Probation Office for the treatment and monitoring of sex offenders. 3. The defendant shall have no contact with children under the age of 18, with the exception of his own children, and will refrain from entering into any place where children normally congregate, without the written approval of the court. 4. The defendant shall have no direct or indirect contact with the victim in this case. 5. The defendant shall not possess any form of pornography, sexually stimulating or sexually oriented material depicting children under the age of 18. The defendant shall not enter any location where such pornography or erotica can be accessed, obtained, or viewed. 6. The defendant shall not possess or use a computer or any device that can access the internet, except that he may, with the approval of the probation officer, use a computer in connection with authorized employment. The defendant shall consent to third party disclosure to any employer or potential employer, concerning any computer-related restrictions that are imposed on him. 7. The defendant shall submit his person, and any property, house, residence, vehicle, papers, computer, or other electronic communications or data storage device or media, and effects to search at any time, with or without a warrant, by law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of supervised release or unlawful conduct, and by any probation officer in the lawful discharge of the officer's supervision functions.