Opinion
Case Number: 09-cr-00031-JLK-01 USM Number: 36129-013
09-07-2011
UNITED STATES OF AMERIC v. PAUL HALIEN
Virginia Grady, AFPD (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation)
Virginia Grady, AFPD
(Defendant's Attorney)
THE DEFENDANT: Admitted guilt to violations 1 through 6, as alleged in the probation officer's petition.
The defendant is adjudicated guilty of these violations:
+-----------------------------------------------------------------------------+ ¦ ¦Violation ¦ ¦Violation Number ¦ ¦ ¦ ¦Nature of Violation Ended ¦ +------------------+----------------------------------------------------------¦ ¦1 ¦Failure to Report to Probation Officer as Directed 03/31/ ¦ ¦ ¦2010 ¦ +------------------+----------------------------------------------------------¦ ¦2 ¦Failure to Submit Written Reports 03/05/2010 ¦ +-----------------------------------------------------------------------------+
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.
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.
September 1, 2011
Date of Imposition of Judgment
John L. Kane
Signature of Judge
John L. Kane, Senior U.S. District Judge
Name & Title of Judge
ADDITIONAL VIOLATIONS
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Violation Ended ¦ +------------------+----------------------------------------+-----------------¦ ¦3 ¦Failure to Notify Probation Officer of ¦03/30/2010 ¦ ¦ ¦Change in Residence ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦4 ¦Failure to Report Arrest/Questioning by ¦10/27/2009 ¦ ¦ ¦Law Enforcement Officer ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦5 ¦Violation of the Law: Forgery in the ¦07/15/2010 ¦ ¦ ¦Second Degree ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦6 ¦Violation of the Law: Fraudulent Use of ¦10/19/2009 ¦ ¦ ¦Credit Card, and Forgery - False Issue ¦ ¦ +-----------------------------------------------------------------------------+
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of ten (10) months.
The Court recommends that the Bureau of Prisons credit the defendant with four (4) days spent in official detention prior to sentencing. The Court further recommends that the defendant's sentence be served where he can obtain psychological and psychiatric treatment.
The defendant shall surrender to the United States Marshal for this district by 5:00 p.m. on September 1, 2011.
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 one (1) year.
The defendant must report to the probation office in the district to which he is released within 72 hours of his 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 two periodic drug tests thereafter.
The defendant shall not possess a firearm as defined in 18 U.S.C. § 921.
The defendant shall cooperate in the collection of DNA as directed by the probation officer.
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 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 as directed by the Court or 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 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 substance, 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 at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by 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.
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.
14) The defendant shall provide the probation officer with access to any requested financial information.
ADDITIONAL CONDITIONS OF SUPERVISION
1) The defendant shall participate in and successfully complete a program of mental health treatment, to commence within thirty (30) days of the defendant's release from custody, as approved by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report for continuity of treatment.
2) The defendant's use of computers and Internet access devices shall be limited to those the defendant requests to use, and which the probation officer authorizes in advance. The defendant shall submit his person, and any property, house, residence, vehicles, papers, computer, other electronic communications or data storage devices or media, and effects to search at any time, with or without a warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of supervised release or unlawful conduct by the person, and by any probation officer in the lawful discharge of the officer's supervision functions.
3) The defendant shall allow the probation officer to install software/hardware designed to monitor computer activities on any computer the defendant is authorized by the probation officer to use. The software may record any and all activity on the computer, including the capture of keystrokes, application information, Internet use history, email correspondence, and chat conversations. A notice will be placed on the computer at the time of installation to warn others of the existence of the monitoring software on the computer. The defendant shall not attempt to remove, tamper with, reverse engineer, or in any way circumvent the software/hardware.
MONETARY OBLIGATIONS
The defendant must pay total monetary obligations under the schedule of payments set forth below.
+----------------------------------------+ ¦Count ¦Assessment ¦Fine Restitution ¦ +--------+------------+------------------¦ ¦One ¦$100.00 ¦$0.00 $0.00 ¦ +--------+------------+------------------¦ ¦TOTALS ¦$100.00 ¦$0.00 $0.00 ¦ +----------------------------------------+
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total monetary obligations is due as follows:
The balance of the special assessment is due and payable 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.