Opinion
Case Number: 08-cr-00264-JLK-01 USM Number: 35527/013
02-06-2012
UNITED STATES OF AMERICA v. BERNARD LOUIS PENA
Edward R. Harris, AFPD (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Supervised Release)
Edward R. Harris, AFPD
(Defendant's Attorney)
THE DEFENDANT: Admitted guilt to violation 1, as alleged in the probation officer's petition. The defendant is adjudicated guilty of this violation:
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Violation Ended ¦ +------------------+----------------------------------------+-----------------¦ ¦1 ¦Failure to Follow the Instructions of ¦10/04/11 ¦ ¦ ¦the Probation Officer ¦ ¦ +-----------------------------------------------------------------------------+
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.
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.
January 25, 2012
Date of Imposition of Judgment
John L. Kane
Signature of Judge
John L. Kane, Senior 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 twenty-four (24) months.
The court recommends that the Bureau of Prisons credit the defendant for eighty-five (85) days time spent in custody.
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
MONETARY OBLIGATIONS
The defendant must pay total monetary obligations under the schedule of payments set forth below.
+---------------------------------------------+ ¦Count ¦Assessment ¦Fine ¦Restitution ¦ +--------+------------+---------+-------------¦ ¦1 ¦$0.00 ¦$5,000.00¦$0.00 ¦ +--------+------------+---------+-------------¦ ¦TOTALS ¦$0.00 ¦$5,000.00¦$0.00 ¦ +---------------------------------------------+
Interest on the fine will be waived, upon the court's finding that the defendant does not have the ability to pay interest.
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total monetary obligations is due as follows:
The defendant shall pay the outstanding fine balance.
All monetary obligation payments, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court, unless otherwise directed by the court, the probation officer, or the United States Attorney.
The defendant shall receive credit for all payments previously made toward any monetary obligations imposed.
Payments shall be applied in the following order: (1) fine principal.