United States v. Clapper

Full title: UNITED STATES OF AMERICA v. JASON JAMES CLAPPER

Court: UNITED STATES DISTRICT COURT Eastern District of Pennsylvania

Date published: Nov 2, 2012

Case Number: DPAE5:11CR000249-001 (E.D. Pa. Nov. 2, 2012)

Opinion

Case Number: DPAE5:11CR000249-001 USM Number: 67686-066

11-02-2012

UNITED STATES OF AMERICA v. JASON JAMES CLAPPER

Thomas F. Burke, Esquire Defendant's Attorney

James Knoll Gardner

JUDGMENT IN A CRIMINAL CASE

Thomas F. Burke, Esquire

Defendant's Attorney

THE DEFENDANT:

X pleaded guilty to count(s) 1, 2, 3 and 7. [ ] pleaded nolo contendere to count(s) _____ which was accepted by the court. [ ] was found guilty on count(s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses:

+-----------------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Offense Ended ¦Count ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦ ¦Conspiracy to steal firearms from a¦ ¦ ¦ ¦18 U.S.C. 5371 ¦federal firearms licensee and to ¦February 25, ¦1 ¦ ¦ ¦sell and deal in stolen firearms ¦2010 ¦ ¦ ¦ ¦without a license. ¦ ¦ ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦18 U.S.C. §§ 922 ¦Theft of firearms from a federal ¦February 17, ¦ ¦ ¦(u) and 2 ¦firearms licensee and aiding and ¦2010 ¦2 ¦ ¦ ¦abetting. ¦ ¦ ¦ +-----------------------------------------------------------------------------+

The defendant is sentenced as provided in pages 2 through 9 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. [ ] The defendant has been found not guilty on count(s) X Count(s) 4, 5 and 6 [ ] is X are dismissed on the motion of the United States.

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.

October 19, 2012

Date of Imposition of Judgment

Signature of Judge

James Knoll Gardner, U.S.D.J.

Name and Title of Judge

ADDITIONAL COUNTS OF CONVICTION

+-----------------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Offense Ended ¦Count ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦18 U.S.C. ¦Possession of stolen firearms and ¦February 24. ¦3 ¦ ¦§§9220) and 2 ¦aiding and abetting. ¦2010 ¦ ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦18 U.S.C. § (g) ¦Convicted felon in possession of ¦February 24, ¦7 ¦ ¦(1) ¦firearms. ¦2010 ¦ ¦ +-----------------------------------------------------------------------------+

IMPRISONMENT

The defendant is hereby committed to the custody of the United Slates Bureau of Prisons to be imprisoned for a total term of: 108 MONTHS this term consists of a term of 108 months on each of Counts Two. Three, and Seven, to be served concurrently, and a term of 12 months on Count One, to be served concurrently to the terms imposed on Counts Two, Three, and Seven, to the extent necessary to produce a total term of 108 months. It is further ordered that the sentence imposed in this matter shall run concurrently with the balance of the sentence that the defendant is currently serving in Lancaster County Court of Common Pleas Docket No. 2413-2009, on a charge of burglary and related charges.

X The court makes the following recommendations to the Bureau of Prisons:

It is recommended to the Federal Bureau of Prisons, if otherwise appropriate, that defendant serve the within sentence at FCI-Schuylkill in Minersville, Pennsylvania, the federal correctional institution closest to defendant's mother, daughter, sister Lori, and several aunts and uncles, who reside in Lancaster County. Pennsylvania.

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
[ ] as notified by the United States Marshal.

[ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

[ ] 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
AO (Rev. 09/11) Judgment in a Criminal Case

Sheet 2A — Imprisonment

ADDITIONAL IMPRISONMENT TERMS

It is further recommended to the Federal Bureau of Prisons that, if appropriate, defendant receive credit for all time spent in federal detention and federal custody since September 8, 2011, as a result of the charges for which he is being sentenced herein.

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: THREE YEARS. This term consists of three years on each of Counts One, Two, Three, and Seven, all such terms to run concurrently.

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 applicable.) X The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) [ ] 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 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 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 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 anytime 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 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

The defendant shall provide the United States Probation Office with full disclosure of his financial records to include yearly income tax returns upon the request of the United States Probation Office. The defendant shall cooperate with the probation officer in the investigation of his financial dealings and shall provide truthful monthly statements of his income. The defendant is prohibited from incurring any new credit charges or opening additional lines of credit without the approval of the probation officer, unless the defendant is in compliance with a payment schedule for any restitution obligation. The defendant shall not encumber or liquidate interest in any assets unless it is in direct service of the restitution obligation or otherwise has the express approval of the Court, The defendant shall notify the United Stales Attorney for this district within .10 days of any change of mailing address or residence that occurs while any portion of the fine remains unpaid. The Court has reviewed these conditions of supervision and finds that they are reasonably related to statutory goals, consistent with United States Sentencing Commission policy and that the liberty deprivations are no greater than is reasonably necessary.

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

+------------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +--------+------------+------+-------------¦ ¦TOTALS ¦$ 400.00 ¦$ 0. ¦$ 20,788.00 ¦ +------------------------------------------+ [ ] The determination of restitution is deferred until _____ . An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. X The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid.

+--------------------------------------------------------------------------------------------+ ¦Name of Payee ¦Total Loss^* ¦Restitution Ordered ¦Priority or Percentage ¦ +-------------------------------+-------------+---------------------+------------------------¦ ¦Payable to Clerk, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦United States District Court, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦for distribution to: ¦ ¦ ¦ ¦ +-------------------------------+-------------+---------------------+------------------------¦ ¦Kerper's Gun Shop 1161 Oaklyn ¦ ¦ ¦ ¦ ¦Drive Narvon, PA 17555 Attn: ¦ ¦$20,788.00 ¦ ¦ ¦Ms. Cheryl Mattocks ¦ ¦ ¦ ¦ +-------------------------------+-------------+---------------------+------------------------¦ ¦TOTALS ¦S ¦$ 20,788.00 ¦ ¦ +--------------------------------------------------------------------------------------------+ [ ] Restitution amount ordered pursuant to plea agreement $ _____ [ ] The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). [ ] The court determined that the defendant does not have the ability to pay interest and it is ordered that:

[ ] the interest requirement is waived for the [ ] fine [ ] restitution.
[ ] the interest requirement for the [ ] fine [ ] restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23. 1996.

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: A X Lump sum payment of $ 21,188.00 due immediately, balance due

[ ] not later than _____ , or
[ ] in accordance [ ] C [ ] D, [ ] E, or [ ] F below; or

B X Payment to begin immediately (may be combined with [ ] C, [ ] D, or X F below); or C [ ] Payment in equal _____ (e.g., weekly, monthly, quarterly) installments of $ _____ over a period of ___ (e.g., months or years), to commence ___ (e.g., 30 or 60 days) after the date of this judgment; or D [ ] Payment in equal _____ (e.g., weekly, monthly, quarterly) installments of $ _____ over a period of ____ (e.g., months or years), to commence ___ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision: or E [ ] Payment during the term of supervised release will commence within ___ (e.g., 30 or 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; or F X Special instructions regarding the payment of criminal monetary penalties:

The restitution is due immediately. It is recommended to the Federal Bureau of Prisons that the defendant participate in the Bureau of Prisons Inmate Financial Responsibility Program. The defendant shall pay the restitution in installments while in prison at the rate of $12.50 monthly payable under the Federal Bureau of Prisons Inmate Financial Responsibility Plan, and any unpaid balance shall he paid on supervision in monthly installments of at least $200.00, to commence 30 days after release from confinement, until the balance is paid in full or supervision is over, whichever comes first.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. X Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.

[ ] The defendant shall pay the cost of prosecution. [ ] The defendant shall pay the following court cost(s): X

It is further ordered that defendant shall forfeit to the United States Bureau of Alcohol, Tobacco, Explosives & Firearms and surrender all of his right, title and interest in the 43 firearms, ammunition, two ballistic vests, two ski masks, and $4000.00 in (continued)

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal. (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and count costs.

ADDITIONAL FORFEITED PROPERTY

United States currency more particularly described in items (1) through (50) of the Notice of Forfeiture in the Indictment filed April 26, 2011, in the within matter.