Opinion
Case No. 11-po-00014-GJR
11-17-2011
UNITED STATES OF AMERICA v. SETH A. SHRODER
Michele Devlin, Esq. Defendant's Attorney
Judgment in a Criminal Case
(For a Petty Offense)
Michele Devlin, Esq.
Defendant's Attorney
THE DEFENDANT:
[√] THE DEFENDANT pleaded [] guilty [] nolo contendere to count(s) One and Two of Information
[] THE DEFENDANT was found guilty on count(s) ____
The defendant is adjudicated guilty of these offenses: ____
+-----------------------------------------------------------------------------+ ¦ Title & Section ¦ Nature of Offense ¦ Offense Ended ¦ Count ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦16 U.S.C, § 3 & ¦Operate Motor Vehicle with ¦1/1/2011 ¦One ¦ ¦C.R.S. ¦Knowledge his License ¦ ¦ ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦§ 42-2-138(1){a) ¦36 C.F.R. § 4.2 or Privilege was ¦ ¦ ¦ ¦and ¦Under Restraint ¦ ¦ ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦36 C.F.R. § 4.21 ¦Speeding ¦1/1/2011 ¦Two ¦ ¦(c) ¦ ¦ ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 4 of this judgment.
[] THE DEFENDANT was found not guilty on count(s) ____
[] Count(s) ____ [] is [] are dismissed on the motion of the United States.
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.: 5872
Defendant's Year of Birth: 1988
City and State of Defendant's Residence:
Grand Junction, CO 81501
11/15/2011
Date of Imposition of Judgment
____
Signature of Judge
Gudrun J. Rice Magistrate 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:
Ten (10) days imprisonment
ORDERED: Defendant's imprisonment shall run concurrent with Defendant's state imprisonment in State Case No. 2008CR1361.
[√] The court makes the following recommendations to the Bureau of Prisons:
Defendant be imprisoned in the Mesa County Jail, Grand Junction, Colorado 81501
[] 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.
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
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 4.
+----------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +------+------------+------+-------------¦ ¦TOTALS¦$ 20.00 ¦$ ¦$ ¦ +----------------------------------------+
[] The determination of restitution is deferred until ____. An Amended Judgment in a Criminal Case (AO 245C) will beentered after such determination.
[] The defendant must make restitution (including community restitution) to the following payees in the amount 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 nonfederal victims must be paid in full prior to the United States receiving payment.
+----------------------------------------------------------------------------+ ¦ Name of Payee ¦ Total Loss ¦ Restitution Ordered ¦ Priority or Percentage ¦ +---------------+-------------+---------------------+------------------------¦ ¦TOTALS ¦$ 0.00 ¦$ 0.00 ¦ ¦ +----------------------------------------------------------------------------+
Findings for the total amount of losses are required under Chapters 109A, 110, 110A. and 113A of Title 18for offenses committed on or after September 13, 1994, but before April 23, 1996.
[] Restitution amount ordered pursuant to plea agreement S
[] The defendant must pay interest on restitution or a fine of more than $2,500, unless the fine or restitution 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 4 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:
[] the interest requirement is waived for [] fine [] restitution.
[] the interest requirement for [] fine [] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:
A [√] Lump sum payment of $ 20.00 due immediately, balance due
[] not later than ____, or
[√] in accordance with [] 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., 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., 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 probation 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:
Special Assessment $20.00 is due no later than Defendant's release from State imprisonment July 2012.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is be due during the period of imprisonment. All criminal monetary penalties, 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, 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 cost(s):
[] 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.