Opinion
Case No. 5:09CR32-04 USM No. 06466-087
08-03-2011
UNITED STATES OF AMERICA v. MICHAEL MASCIARELLI a/k/a "MUSH"
Brendan S. Leary
Judgment in a Criminal Case
(For Revocation of Probation or Supervised Release)
Brendan S. Leary
Defendant's Attorney
THE DEFENDANT:
X admitted guilt to violation of the General, Standard and Special_conditions 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 ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦The defendant violated the General ¦ ¦ ¦1 ¦Condition and Standard Condition Nos. 7 ¦12/16/2010 ¦ ¦ ¦and 8 by testing positive for cocaine on¦ ¦ ¦ ¦December 16, 2010 ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦The defendant violated the General ¦ ¦ ¦2 ¦Condition and Standard Condition Nos. 7 ¦01/05/2011 ¦ ¦ ¦and 8 by testing positive for cocaine on¦ ¦ ¦ ¦January 5, 2011 ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦Violation of Special Condition by being ¦ ¦ ¦3 ¦terminated from a residential abuse ¦04/20/2011 ¦ ¦ ¦treatment program on April 14, 2011 due ¦ ¦ ¦ ¦to non-compliance ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦The defendant violated the General ¦ ¦ ¦4 ¦Condition and Standard Condition ¦05/18/2011 ¦ ¦ ¦Nos. 7 and 8 by testing positive for ¦ ¦ ¦ ¦cocaine on May 18, 2011 ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦The defendant violated the General ¦ ¦ ¦5 ¦Condition and Standard Condition Nos. 7 ¦06/15/2011 ¦ ¦ ¦and 8 by testing positive for cocaine on¦ ¦ ¦ ¦June 15, 2011 ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦The defendant violated the General ¦ ¦ ¦6 ¦Condition and Standard Condition Nos. 7 ¦06/21/2011 ¦ ¦ ¦and 8 by testing positive for cocaine on¦ ¦ ¦ ¦June 21, 2011 ¦ ¦ +-----------------------------------------------------------------------------+
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.
[] The defendant has not violated condition(s) ________________________________ 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.
Last Four Digits of Defendant's Soc. Sec. No.: 7094
Defendant's Year of Birth 1965
City and State of Defendant's Residence:
Bellaire, Ohio
August 3, 2011
Date of Imposition of Judgment
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Signature of Judge
FREDERICK P. STAMP . JR. U.S. DISTRICT JUDGE
Name and 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: Four (4) Months
X The court makes the following recommendations to the Bureau of Prisons:
X That the defendant be incarcerated at the Northern Regional Jail and Correctional Facility, Moundsville, West Virginia where he is currently receiving medical treatment for leukemia or at a facility where he can receive the same medical treatment.
[] That the defendant be allowed to participate in any educational or vocational opportunities while incarcerated, as determined by the Bureau of Prisons.
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. (Collected)
X 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 2 p.m. on ________________________________ .
[] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Office.
[] on ________________________________ , as directed by the United States Marshals Service.
RETURN
I have executed this judgment as follows:
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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: Sixty Eight (68) Months
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 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.)
X 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.)
X The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
X 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 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;
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 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.
SPECIAL CONDITIONS OF SUPERVISION
The defendant shall participate in a program of testing, counseling and treatment for the use of alcohol or drugs if so ordered by the Probation Officer.
NOTE: Special Assessment Fee has been paid in full.
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.
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Defendant's Signature
________________________________
Date
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Signature of U.S. Probation Officer/Designated Witness