Opinion
Case Number: DPAE2:11CR000448-001 USM Number: 67632-066
05-22-2012
UNITED STATES OF AMERICA v. JAMES WILLARD HIGGINS
Benjamin Brait Cooper, Esq . Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
Benjamin Brait Cooper, Esq .
Defendant's Attorney
THE DEFENDANT:
X pleaded guilty to count(s) one (I).
[] 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 ¦ +-----------------+-------------------------------+---------------+-------¦ ¦l8:2252(a)(4)(B) ¦Possession of Child Pornography¦3/17/2010 ¦1 ¦ +-------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 6 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.
April 23. 2012
Date of Imposition of Sentence
_________________
Signature of Judge
Lawrence F. Stengel, U.S. District Judge
Name and Title of Judge
IMPRISONMENT
The defendant is hereby committed to the custody of the United Stales Bureau of Prisons to be imprisoned for a total term of
18 months, as to count one (1).
X The court makes the following recommendations to the Bureau of Prisons:
The Court recommends that the defendant be placed in a facility as close as possible to the defendant's home in Elizabethtown, Pa, but a facility that has the resources to deal with the defendant's alcohol abuse issues, mental health and medical needs. The Court recommends that the defendant be considered for placement at a medical facility, such as FMC: Butner or FMC: Devens. The Court recommends that the defendant participate in alcohol abuse treatment.
X The defendant is remanded to the custody of the United Stales Marshal.
[] The defendant shall surrender to the United Stales Marshal for (his district:
[] a _________________ [] a.m. [] p.m. on _________________.
[] as notified by the United States Marshal.
X The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
X before 2 p.m. on Monday. June 25, 2012 .
[] 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_________________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.
Five (5) years, as to count one (1).
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, slate 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 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.)
XThe defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if
X The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)
X The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (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 supervised release that the defendant pay in accordance with the Schedule of Payments shed 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 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;
61 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.
ADDITIONAL SUPERVISED RELEASE TERMS
Once the defendant has commenced his term of supervised release, the Court recommends that the defendant be considered for treatment at the Veterans Administration Program at Coatesville, PA or any other Veterans Administration Facility closest to his place of residence.
The defendant shall refrain from the use of alcohol and shall submit to testing to ensure compliance. It is further ordered that the defendant shall participate in alcohol treatment and abide by the rules of any such program until satisfactorily discharged.
The defendant shall participate in a mental health program for evaluation and /or treatment and abide by the rules of any such program until satisfactorily discharged.
The defendant shall report to the U.S. Probation Office any regular contact with children of either sex under the age of eighteen (18). The defendant shall not obtain employment or perform volunteer work which includes regular contact with children under the age of eighteen (18).
The defendant shall register with the state sex offender registration agency in any state where the defendant resides, is employed, carries on a vocation, or is a student, as directed by the probation officer.
The defendant shall submit to an initial inspection by the U.S. Probation Office and to any examinations during supervision of the defendant's computer and any devises, programs, or application. The defendant shall allow the installation of any hardware or software systems which monitor or fitter computer use. The defendant shall abide by the standard conditions of computer monitoring and filtering that will be approved by this Court. The defendant is to pay the cost of the computer monitoring not to exceed the monthly contractual rate, in accordance with the probation officer's discretion.
The Court finds that the defendant does not have the ability to pay a fine. The Court will waive the tine in this case.
The Court will remit the special assessment in this case.
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
+------------------------------------+ ¦ ¦Assessment¦Fine ¦Restitution¦ +------+----------+------+-----------¦ ¦TOTALS¦$ 0.00 ¦$ 0.00¦$ 0.00 ¦ +------------------------------------+
[] 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
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(f), all nonfederal victims must be paid before the United States is paid.
+----------------------------------------------------------------------------+ ¦Name of Payee ¦Total Loss ¦Restitution Ordered ¦Priority or Percentage ¦ +---------------+-------------+---------------------+------------------------¦ ¦TOTALS ¦* 0 ¦$ n ¦ ¦ +----------------------------------------------------------------------------+
Findings for the total amount of losses arc 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.
[] 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 dale of the judgment, pursuant to 18 U SC. § 3612(f) Ail of the payment options on Sheet 6 may be subject to penalties for delinquent; 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 the [] fine [] 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 are due as follows:
A [] Lump sum payment of $ _________________due immediately, balance due
[] not later than _________________, or
[] in accordance [] C, [] D [] E, or [] F below; or
B [] Payment to begin immediately (may be combined with [] C [] D, or [] F below); or
C [] Payment in equal _________________(e.g., weekly, monthly, quarterly) installments of $ _________________over a period of _________________ (e.g., months or years), lo commence _________________(e.g., 30 or 60 days) after the date of this judgment; or
D [] Payment in equal _________________(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 X Special instructions regarding the payment of criminal monetary penalties:
The Court waived (he the and the special assessment in this case.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[] John and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.
[] 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: (I) 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.