Opinion
Case Number: 11-CR-573
08-23-2012
UNITED STATES OF AMERICA v. ANDY DURIS
Stephen D. Molineux, Esquire Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
Stephen D. Molineux, Esquire
Defendant's Attorney
THE DEFENDANT:
X pleaded guilty to count(s) One [ ] 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 ¦ +-----------------+---------------------------------+---------------+-------¦ ¦21:846 ¦Attempted possession of Oxycodone¦ ¦ ¦ +---------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through ____2__ 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) ____________________ [ ] 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.
____________________
Date of Imposition of Sentence
____________________
Signature of Judge
TIMOTHY R. RICE
Name and Title of Judge
U. S ._Magistrate Judge
Date
PROBATION
The defendant is hereby sentenced to probation for a term of: One year
*See Attached Order*
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 placement on probation 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.) [ ] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.) [ ] The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) [ ] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (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 probation 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. UNITED STATES OF AMERICA v. ANDY DURIS
CRIMINAL ACTION NO. 11-573
ORDER
AND NOW, this 23rd day of August, 2012, defendant is placed on "Special Probation" pursuant to Title 18, United States Code, Section 3607(a) with the following conditions:
Pursuant to Title 18, United States Code, Sections 3607(a) and 3565(a)(2), imposition of sentence is stayed during the term of Special Probation.
1. The Probation Office will report to the Court any violation, including a technical violation, of the defendant's terms of Special Probation, so that any violation can appropriately be addressed by the Court and the parties.
2. While on probation, the defendant shall not commit another federal, state, or local crime, shall not possess an illegal controlled substance and shall comply with the other standard conditions that have been adopted by this Court.
3. The defendant shall perform 200 hours of community services work as directed by the Probation Office at the Philadelphia Veteran's Comfort House.
4. The defendant shall refrain from the illegal possession and/or use of drugs and shall submit to drug testing to ensure compliance. It is further ordered that the defendant shall participate in drug treatment and abide by the rules of any such program until satisfactorily discharged.
BY THE COURT:
____________________
TIMOTHY R. RICE
United States Magistrate Judge