Opinion
Criminal Number:3:06CR00160-001
12-14-2012
UNITED STATES OF AMERICA v. FRED DANIEL MILLER (Defendant's Name)
R. Mark Upton Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)
USM Number:
R. Mark Upton
Defendant's Attorney
THE DEFENDANT:
[✓] admitted guilt to violation of condition(s) No. 1-2 of the term of supervision. [ ] was found in violation of condition(s)_after denial of guilt. The defendant is adjudicated guilty of these violations:
+---------------------------------------------------------+ ¦ ¦ ¦Date Violation ¦ ¦ Violation Number ¦ Nature of Violation ¦ ¦ ¦ ¦ ¦ Occurred ¦ +------------------+---------------------+----------------¦ ¦See next page. ¦ ¦ ¦ +---------------------------------------------------------+
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. [ ] The defendant has not violated condition(s) _and is discharged as to such violation(s) condition.
IT IS FURTHER ORDERED that the defendant shall 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.
December 13, 2012
Date of Imposition of Sentence
______________________
Signature of Judicial Officer
JAMES J. BRADY , United States District Judge
Name & Title of Judicial Officer
ADDITIONAL VIOLATION
+-----------------------------------------------------------------------------+ ¦ ¦ ¦Date Violation ¦ ¦ Violation Number ¦ Nature of Violation ¦ ¦ ¦ ¦ ¦ Concluded ¦ +------------------+-----------------------------------------+----------------¦ ¦ ¦The defendant must report to the ¦ ¦ ¦ ¦probation ¦ ¦ ¦ ¦ ¦ ¦ ¦No. 1 - Mandatory ¦office in the district to which the ¦ ¦ ¦ ¦defendant is ¦April 10, 2009 ¦ ¦Condition ¦ ¦ ¦ ¦ ¦released within 72 hours of release from ¦ ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦custody of the Bureau of Prisons. ¦ ¦ +------------------+-----------------------------------------+----------------¦ ¦ ¦The defendant shall comply with all ¦ ¦ ¦ ¦registration ¦ ¦ ¦ ¦ ¦ ¦ ¦No. 2 - Mandatory ¦and notification requirements, including ¦ ¦ ¦ ¦ ¦April 10, 2009 ¦ ¦Condition ¦community notification, required by ¦ ¦ ¦ ¦federal and ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦state statutes. ¦ ¦ +-----------------------------------------------------------------------------+
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 14 months with no supervision to follow. [ ] The court makes the following recommendations to the Bureau of Prisons: [✓] 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_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 _ on_.
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Officer.
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 U.S. Marshal
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.
+-----------------------------------+ ¦ ¦Assessment¦Fine¦Restitution¦ +-------+----------+----+-----------¦ ¦Totals:¦$ 100.00 ¦$ ¦$ 3,822.00 ¦ +-----------------------------------+ [ ] The determination of restitution is deferred until _. An Amended Judgment in a Criminal Case (AO245C) will be entered after such determination. [✓] The defendant must make restitution (including community restitution) to the following payees in the amounts listed below.
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(i), all non-federal victims must be paid before the United States is paid.
+-----------------------------------------------------------------------------+ ¦Name of Payee ¦Total ¦Restitution ¦Priority or ¦ ¦ ¦Loss ¦Ordered ¦Percentage ¦ +--------------------------+------------+-----------------+-------------------¦ ¦Federal Emergency ¦ ¦ ¦ ¦ ¦Management ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Administration at ¦ ¦ ¦ ¦ ¦FEMA-Lockbox ¦3,822.00 ¦3,822.00 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦P.O. Box 70941 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Charlotte, NC 28272-0941 ¦ ¦ ¦ ¦ +--------------------------+------------+-----------------+-------------------¦ ¦TOTALS: ¦$ 3,822.00 ¦$ 3,822.00 ¦ ¦ +-----------------------------------------------------------------------------+ [ ] 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 date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency 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:
Findings for the total amount of losses are 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.
[ ] The interest requirement is waived for the [ ] fine [ ] restitution.
[ ] The interest requirement for the [ ] fine [ ] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having accessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows: A [v] Lump sum of $ 3,922.00 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. equal, weekly, monthly, quarterly) installments of $ _ over a period of _ (e.g., months or years) to commence _ (e.g., 30 or 60 days) after the date of this judgment; or D [ ] Payment in equal _ (e.g. equal, 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 [ ] Special instructions regarding the payment of criminal monetary penalties: Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary payments, 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.
[ ] Joint 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 costs:
[ ] The defendant shall forfeit the defendant's interest in the following property to the United States: Payments shall be applied in the following order: (1) 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.