Opinion
Case Number: 11-cr-00312-WJM-01 USM Number: 36195-051
11-04-2011
UNITED STATES OF AMERICA v. ROBERT GARY MILLER, JR.
Matthew K. Belcher, AFPD (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Supervised Release)
Matthew K. Belcher, AFPD
(Defendant's Attorney)
THE DEFENDANT: Admitted guilt to violations 1 through 4, 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 Notify Probation Officer of Change in ¦04/17/ ¦ ¦ ¦Employment ¦2011 ¦ +--------------+----------------------------------------------------+---------¦ ¦2 ¦Possession and Use of a Controlled Substance ¦07/20/ ¦ ¦ ¦ ¦2011 ¦ +--------------+----------------------------------------------------+---------¦ ¦3 ¦Failure to Participate in Treatment as Directed ¦07/28/ ¦ ¦ ¦(Counseling) ¦2011 ¦ +--------------+----------------------------------------------------+---------¦ ¦4 ¦Failure to Follow Instructions of the Probation ¦08/01/ ¦ ¦ ¦Officer ¦2011 ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 5 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.
October 31, 2011
Date Imposition of Judgment
__________
Signature of Judge
William J. Martinez, U.S. District Judge
Name & 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 three (3) months.
The court recommends that the Bureau of Prisons credit the defendant with sixty-seven (67) 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 forty-eight (48) 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 in a manner and frequency directed by the court or probation officer.
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 not possess, have under his control, or have access to any firearm, ammunition, explosive device, or other dangerous weapons, as defined by federal, state, or local law.
2) The defendant must participate in and successfully complete a substance abuse treatment program which may include drug testing, outpatient counseling, or residential placement. The defendant may be required to pay a portion of the cost of treatment and/or drug testing as determined by the Probation Office.
3) The defendant must submit to a search of his person, property, or automobile under his control to be conducted in a reasonable manner and at a reasonable time, for the purpose of detecting illegal substances at the direction of the probation officer. He must inform any residents that the premises may be subject to a search.
4) The defendant must refrain from the use and possession of alcohol and other forms of intoxicants. He must not frequent places where alcohol is the primary item for sale.
5) The defendant must participate in and successfully complete a mental health treatment program, which may include outpatient counseling, residential placement, or prescribed medication as approved by the probation officer. The defendant may be required to pay a portion of the cost of this treatment as determined by the Probation Office.
6) The defendant shall not operate a motor vehicle unless lawfully licensed, registered and insured, and shall provide verification to the probation officer.
7) The defendant shall participate in and complete an approved program for domestic violence.
8) The defendant shall reside in an approved Residential Reentry Center (RRC) up to a maximum period of 180 days, to commence as directed by the Probation Office, and the defendant shall observe the rules of that facility. The defendant may be discharged earlier than 180 days by the Probation Office if the defendant is determined to be in full compliance with all conditions of supervision.