Opinion
Case Number: 04-cr-00361-LTB-02 USM Number: 32814-013
09-30-2011
UNITED STATES OF AMERICA v. NICHOLAS D. JEFFCOAT a/k/a Tony Mac
Virginia L. Grady, AFPD (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Supervised Release)
Virginia L. Grady, AFPD
(Defendant's Attorney)
THE DEFENDANT: Admitted guilt to violations 1, 2, 4, 8, 9, 10, and 11, as alleged in the probation officer's petition. The defendant is adjudicated guilty of these violations:
+-----------------------------------------------------------------+ ¦ ¦Violation ¦ ¦Violation Number Nature of Violation ¦ ¦ ¦ ¦Ended ¦ +-----------------------------------------------------+-----------¦ ¦1 Violation of the Law-Driving While Ability Impaired¦01/11/2010 ¦ +-----------------------------------------------------------------+
The defendant is sentenced as provided in pages 3 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
The government has withdrawn violations 3, 5, 6, and 7.
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 27, 2011
Date of Imposition of Judgment
Lewis T. Babcock
Signature of Judge
Lewis T. Babcock, Senior U.S. District Judge
Name & Title of Judge
ADDITIONAL VIOLATIONS
+-----------------------------------------------------------------------------+ ¦ ¦ ¦Violation ¦ ¦Violation Number ¦Nature of Violation ¦ ¦ ¦ ¦ ¦Ended ¦ +------------------+----------------------------------------------+-----------¦ ¦ ¦Violation of the Law-Possession of Cannibis; ¦ ¦ ¦ ¦Drug ¦ ¦ ¦2 ¦ ¦02/10/2010 ¦ ¦ ¦Paraphernalia; Careless Driving; and Fail to ¦ ¦ ¦ ¦Stop for Stop Sign ¦ ¦ +------------------+----------------------------------------------+-----------¦ ¦4 ¦Possession and Use of a Controlled Substance ¦12/23/2009 ¦ +------------------+----------------------------------------------+-----------¦ ¦8 ¦Failure to Notify Probation Officer of Change ¦05/02/2011 ¦ ¦ ¦in Employment ¦ ¦ +------------------+----------------------------------------------+-----------¦ ¦ ¦Failure to Participate in Substance Abuse ¦ ¦ ¦9 ¦Testing as Directed ¦07/13/2011 ¦ ¦ ¦ ¦ ¦ ¦ ¦by the Probation Officer ¦ ¦ +------------------+----------------------------------------------+-----------¦ ¦ ¦Failure to Participate in Drug and Alcohol ¦ ¦ ¦10 ¦Treatment as ¦07/27/2011 ¦ ¦ ¦ ¦ ¦ ¦ ¦Directed by the Probation Officer ¦ ¦ +------------------+----------------------------------------------+-----------¦ ¦11 ¦Failure to Submit Written Reports ¦06/2011 ¦ +-----------------------------------------------------------------------------+
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of nine (9) months.
The Court recommends that the Bureau of Prisons credit the defendant with forty-two (42) days presentence confinement.
The defendant is remanded to the custody of the United States Marshal.
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 fifty-one (51) months.
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.
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 testing and/or treatment for substance abuse, as approved by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants during the term of supervision and shall pay the cost of treatment as directed by the probation officer.