Opinion
Case Number: 2:10CR00002 USM Number: 06689-087
08-09-2011
UNITED STATES OF AMERICA v. RHONDA GASPARRO
L. Richard Walker Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)
L. Richard Walker
Defendant's Attorney
THE DEFENDANT:
[v] admitted guilt to violation as contained in the violation petition of the term of supervision.
[] was found in violation of ___________ after denial of guilt.
The defendant is adjudicated guilty of these violations:
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Violation Ended ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦Mandatory Condition that the defendant ¦ ¦ ¦1 ¦shall not commit ¦7/1/2011 ¦ ¦ ¦ ¦ ¦ ¦ ¦another federal, state, or local crime. ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦Standard Condition that the defendant ¦ ¦ ¦ ¦shall report to the ¦ ¦ ¦ ¦ ¦ ¦ ¦2 ¦probation officer and shall submit a ¦7/1/2011 ¦ ¦ ¦truthful and complete written ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦report within the first five days of ¦ ¦ ¦ ¦each month. ¦ ¦ +-----------------------------------------------------------------------------+
[v] See additional violation(s) on page 2
The defendant is sentenced as provided in pages 3 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[] The defendant has not violated ________________ and is discharged as to such violation(s) condition.
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.
August 8, 2011
Date of Imposition of Judgment
_________________
Signature of Judge
Honorable John Preston Bailey , Chief U. S. District Judge
Name of Judge Title of Judge
ADDITIONAL VIOLATIONS
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Violation Concluded ¦ +------------------+------------------------------------+---------------------¦ ¦ ¦Standard Condition that the ¦ ¦ ¦ ¦defendant shall support her ¦ ¦ ¦3 ¦dependents ¦7/1/2011 ¦ ¦ ¦ ¦ ¦ ¦ ¦and meet other family ¦ ¦ ¦ ¦responsibilities. ¦ ¦ +------------------+------------------------------------+---------------------¦ ¦ ¦Standard Condition that the ¦ ¦ ¦ ¦defendant shall refrain from ¦7/1/2011 ¦ ¦ ¦excessive use ¦ ¦ +------------------+------------------------------------+---------------------¦ ¦ ¦of alcohol. ¦ ¦ +------------------+------------------------------------+---------------------¦ ¦ ¦Standard Condition that the ¦ ¦ ¦ ¦defendant shall notify the probation¦ ¦ ¦ ¦officer ¦ ¦ ¦5 ¦ ¦7/1/2011 ¦ ¦ ¦within seventy-two hours of being ¦ ¦ ¦ ¦arrested or questioned by a law ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦enforcement officer. ¦ ¦ +------------------+------------------------------------+---------------------¦ ¦ ¦Special Condition that the defendant¦ ¦ ¦ ¦shall immediately begin making ¦ ¦ ¦ ¦ ¦ ¦ ¦6 ¦fine and/or restitution payments of ¦7/1/2011 ¦ ¦ ¦$50.00 a month, due on the first of ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦each month. ¦ ¦ +------------------+------------------------------------+---------------------¦ ¦ ¦Special Condition that the defendant¦ ¦ ¦ ¦shall provide the probation officer ¦ ¦ ¦7 ¦ ¦7/1/2011 ¦ ¦ ¦with access to any requested ¦ ¦ ¦ ¦financial information. ¦ ¦ +------------------+------------------------------------+---------------------¦ ¦ ¦Special Condition that the defendant¦ ¦ ¦ ¦shall not purchase, possess, or ¦ ¦ ¦8 ¦ ¦7/1/2011 ¦ ¦ ¦consume alcohol during the term of ¦ ¦ ¦ ¦probation. ¦ ¦ +------------------+------------------------------------+---------------------¦ ¦ ¦Special Condition that the defendant¦ ¦ ¦ ¦shall participate in a program of ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦testing, counseling and treatment ¦ ¦ ¦ ¦for alcohol and/or drug abuse, as ¦ ¦ ¦9 ¦ ¦7/1/2011 ¦ ¦ ¦directed by the probation officer ¦ ¦ ¦ ¦until such time as the defendant is ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦released from the program by the ¦ ¦ ¦ ¦probation officer. ¦ ¦ +-----------------------------------------------------------------------------+
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of; 12 months and 1 day.
[v] The court makes the following recommendations to the Bureau of Prisons:
[v] That the defendant be incarcerated at FPC Alderson or a facility as close to home in Moorefield, WV as possible:
[v] and at a facility where the defendant can participate in substance abuse treatment, as determined by the Bureau of Prisons.
[]
[v] That the defendant be allowed to participate in any educational or vocational opportunities while incarcerated, as determined by the Bureau of Prisons.
[v] Pursuant to 42 U.S.C. § 14135A, the defendant shall submit to DNA collection while incarcerated in the Bureau of Prisons, or at the direction of the Probation Officer.
[] 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 on_.
[] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Office,
[v] on 9/8/2011 as directed by the United States Marshals Service.
[v] or to the United States Marshals Service, Clarksburg, West Virginia, if no designation has been made.
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 drag test within 15 days of release from imprisonment and at least two periodic drug tests thereafter as determined by the probation officer.
[] 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 above drug testing condition is suspended, based on the court's determination that this condition has been satisfied during a previous term of supervision. (Check, if applicable.)
[v] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon, as defined in 18 U.S.C. §921. (Check, if applicable.)
[v] The defendant shall cooperate in the collection of DNA as directed by the probation officer unless previously collected by the Bureau of Prisons. (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 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 additionalonditions 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 himor 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 probationofficer 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 shalhotify third parties of risks that ray be occasioned by the defendant's criminal record or personal history or characteristics and shall perm it the probation officer to make such notifications and to confirm the defendants compliance with such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
1) The defendant shall pay any financial penalty that is imposed by this judgment during the period of imprisonment at the direction of the Bureau of Prisons. It shall be a condition of supervised release that the defendant pay any such fines or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Court ordered schedule of payments.
2) The defendant shall immediately begin making fine and/or restitution payments of $50.00 a month, due on the first of each month. These payments shall be made during incarceration, and if necessary, while on supervised release.
3) The defendant shall provide the probation officer with access to any requested financial information.
4) The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer unless the defendant is in compliance with the installment payment schedule.
5) The defendant shall participate in a program of testing, counseling and treatment for drug abuse, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer.
6) The defendant shall participate in a program of mental health treatment, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer.
7) The defendant shall comply with the Northern District of West Virginia Offender Employment Program which may include participation in training, counseling, and/or daily job search as directed by the probation officer. Unless excused for legitimate reasons, if not in compliance with the condition of supervision requiring full-time employment at a lawful occupation, the defendant may be directed to perform up to 20 hours of community service per week until employed, as approved or directed by the probation officer.
8) The defendant shall not purchase, possess or consume alcohol during the term of supervised release.
9) The defendant shall not frequent any establishment that serves alcohol. This includes, but is not limited to, any bar, pool hall, tavern, or like establishment.
Upon a finding of a violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision.
These standard and/or special conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
__________ Defendant's Signature
____________ Signature of U.S. Probation Officer/Designated Witness
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
+-----------------------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +------+--------------------------+------+------------¦ ¦TOTALS¦$ 100.00 (PIF on 9/8/2010)¦$ 0.00¦$ 108,092.00¦ +-----------------------------------------------------+
[] The determination of restitution is deferred until _. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
[v] 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.
The victim's recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victim receives full restitution.
+-----------------------------------------------------------------------------+ ¦Name of Payee ¦Total ¦Restitution ¦Priority or ¦ ¦ ¦Loss ¦Ordered ¦Percentage ¦ +--------------------------+------------+-----------------+-------------------¦ ¦Social Security ¦ ¦ ¦ ¦ ¦Administration ¦$108,092.00 ¦$108,092.00 ¦100% ¦ ¦ ¦ ¦ ¦ ¦ ¦Debt Management Section ¦ ¦ ¦ ¦ +--------------------------+------------+-----------------+-------------------¦ ¦TOTALS ¦$108,092.00 ¦$108,092.00 ¦ ¦ +-----------------------------------------------------------------------------+
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.
[v] See Statement of Reasons for Victim Information
[] 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).
[v] The court determined that the defendant does not have the ability to pay interest and it is ordered that:
[v] the interest requirement is waived for the [] fine [v] restitution.
[] the interest requirement for the [] fine [] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:
A Lump sum payment of $ 100,00 special assessment (PIF) and 3108,092.00 restitution due immediately, balance due
[] not later than _ , or
[] in accordance with []C [] D, [] E, [] F, or []G below); or
B [v] Payment to begin immediately (may be combined with []C, []D, [] F, or [v] G below); or
C [] Payment in '_ (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 _ (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 [] Special instructions regarding the payment of criminal monetary penalties:
Financial obligations ordered are to be paid while the defendant is incarcerated, and if payment is not completed during incarceration, it is to be completed by the end of the term of supervised release; or
G [v] Special instructions regarding the payment of criminal monetary penalties:
The defendant shall immediately begin making restitution and/or fine payments of $ 50.00per month, due on the 1st
of each month. These payments shall be made during incarceration, and if necessary, during supervised release.
Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to Clerk, U. S. District Court, Northern District of West Virginia, P.O. Box 1518, Elkins, WV 26241.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[] Joint and Several
Restitution is to be paid joint and several with other related cases convicted in Docket Number(s):
[] The defendant shall pay the cost of prosecution.
[] The defendant shall pay the following court cost(s):
[] The defendant shall forfeit the defendant's interest in the following property to the United States:
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 court costs.