Opinion
Case Number: 09-po-07006-MJW-01
03-19-2013
UNITED STATES OF AMERICA v. TIMOTHY D. GABY
Mark S. Hanchey, Appointed (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
USM Number: Not Assigned
Mark S. Hanchey, Appointed
(Defendant's Attorney)
THE DEFENDANT: Pleaded guilty to count 1 of the Information. The defendant is adjudicated guilty of this offense:
+-----------------------------------------------------------------------------+ ¦ Title & Section ¦ Nature of Offense ¦ Offense Ended ¦ Count ¦ +------------------------------+----------------------+---------------+-------¦ ¦18 U.S.C. § 13 and C.R.S. ¦Driving While Ability ¦May 23, 2008 ¦1 ¦ ¦42-4-1301(1)(b) ¦Impaired ¦ ¦ ¦ +-----------------------------------------------------------------------------+
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.
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.
It is further ordered that the Addendum to this judgment, which contains the defendant's social security number, residence address and mailing address, shall be withheld from the court file and retained by the United States Probation Department.
March 13, 2013
Date of Imposition of Judgment
_____________
Signature of Judge
Michael J. Watanabe , U.S. Magistrate Judge
Name & 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 120 days, to be served concurrently with any term the defendant is serving, including the State of Colorado term of imprisonment now being served in El Paso County Court Case Number 09-cr-2612.
The Court recommends that the Bureau of Prisons credit the defendant with one (1) day spent in official detention prior to sentencing.
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
MONETARY OBLIGATIONS
The defendant must pay total monetary obligations under the schedule of payments set forth below.
+------------------------------------------+ ¦ Count ¦ Assessment ¦ Fine ¦ Restitution ¦ +--------+------------+------+-------------¦ ¦1 ¦$10.00 ¦$0.00 ¦$0.00 ¦ +--------+------------+------+-------------¦ ¦TOTALS ¦$10.00 ¦$0.00 ¦$0.00 ¦ +------------------------------------------+
The defendant must pay interest on any restitution or 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 set forth below may be subject to penalties for delinquency and default pursuant to 18 U.S.C. § 3612(g).
* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18, United States Code, 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 monetary obligations is due as follows:
The special assessment is due in full 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, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) penalties.