Opinion
Case No. 12-PO-00065-GPG
01-15-2013
UNITED STATES OF AMERICA v. JAMES A. DERRYBERRY
Colleen Scissors Defendant's Attorney
Judgment in a Criminal Case
(For a Petty Offense)
Colleen Scissors
Defendant's Attorney
THE DEFENDANT:
[v] THE DEFENDANT pleaded [ ] guilty [ ] nolo contendere to count(s) 1 & 2 [ ] THE DEFENDANT was found guilty on count(s) ______________________ The defendant is adjudicated guilty of these offenses;
+-----------------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Offense Ended¦Count¦ +-------------------------+-------------------------------+-------------+-----¦ ¦18 USC 13, 42-2-138(1)(a)¦Driving white license suspended¦10/6/2012 ¦1 ¦ +-------------------------+-------------------------------+-------------+-----¦ ¦36 CFR 4.21(c) ¦Speeding ¦10/6/2012 ¦2 ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 3 of this judgment. [ ] THE DEFENDANT was found not guilty on count(s) ______________________ [ ] Count(s) ______________________ [ ] is [ ] 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. Last Four Digits of Defendant's Soc. Sec. No.: Defendant's Year of Birth; 1981 City and State of Defendant's Residence;
Grand Junction Colorado
1/15/2013
Dale of Imposition of Judgment
______________________
Signature of Judge
Gordon P. Gallagher Magistrate
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: Thirty days (30). Twenty days of this sentence is suspended upon the Defendant completing 100 hours of community service.
[ ] The court makes the following recommendations to the Bureau of Prisons:
[ ] The defendant is remanded to the custody of the United States Marshal.
[v] The defendant shall surrender to the United States Marshal for this district:
[v] at 12:00 [ ] a.m. [v] p.m. on 1/24/2013 [ ] 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 12 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
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 4.
+------------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +--------+------------+------+-------------¦ ¦TOTALS ¦$ 10.00 ¦$ ¦$ ¦ +------------------------------------------+ [ ] The determination of restitution is deferred until ______. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. [ ] 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 in full prior to the United, States receiving payment.
+----------------------------------------------------------------------------+ ¦Name of Payee ¦Total Loss ¦Restitution Ordered ¦Priority or Percentage ¦ +---------------+-------------+---------------------+------------------------¦ ¦TOTALS ¦$ 0.00 ¦$ 0.00 ¦ ¦ +----------------------------------------------------------------------------+ [ ] Restitution amount ordered pursuant to plea agreement $ ______________________ [ ] The defendant must pay interest on restitution or a fine of more than $2,500, unless the fine or restitution 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 4 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 [ ] fine [ ] restitution.
[ ] the interest requirement for [ ] fine [ ] restitution is modified as follows:
Findings for the total amount of losses are required under Chapters I09A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.