Opinion
Case Number 3:12cr118-001 USM Number 12537-027
02-20-2013
H JAY STEVENS - FCD Defendant's Attorney
H JAY STEVENS - FCD
Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
THE DEFENDANT pleaded guilty to count 1 of the Information on 11/13/2012. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
+----------------------------------------------------------------+ ¦ ¦Date Offense ¦Count ¦ ¦ Title, Section & Nature of Offense ¦ ¦ ¦ ¦ ¦ Ended ¦ Number(s) ¦ +-------------------------------------+--------------+-----------¦ ¦29:439(b) WILLFULLY MAKING MATERIALLY¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦FALSE REPORTS REQUIRED UNDER LABOR ¦ ¦ ¦ ¦ ¦March 30, 2011¦1 ¦ ¦MANAGEMENT REPORTING AND DISCLOSURE ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ACT ¦ ¦ ¦ +----------------------------------------------------------------+ The defendant is sentenced as provided in pages 2 through 6 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 any material change in economic circumstances.
February 20, 2013
Date of Imposition of Judgment
Christopher A. Nuechterlein
Signature of Judge
Christopher A. Nuechterlein, United States
Magistrate Judge
Name and Title of Judge
PROBATION
The defendant is hereby sentenced to probation for a term of 1 Year. The defendant shall not commit another federal, state or local crime. The defendant shall cooperate in the collection of DNA as directed by the probation officer. If the fine is satisfied quickly and a reasonable period of time in compliance with probation, probation my be shortened.
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 the manner and as frequently as 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 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 within ten (10) days of 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 narcotic or other controlled substance, or any paraphernalia related to such 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 by the probation officer. 11. The defendant shall notify the probation officer within seventy-two (72) 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 pay the special assessment imposed or adhere to a court-ordered installment schedule for the payment of the special assessment. 15. The defendant shall notify the probation officer of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay any unpaid amount of restitution, fines, or special assessments.
SPECIAL CONDITIONS OF PROBATION
The defendant shall participate in the Location Monitoring Program on Home Confinement for a period of 6 months to commence immediately. No electronic monitoring required. You are restricted to your residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities as pre-approved by the probation office or supervising officers
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth in this judgment.
+---------------------------------------------------+ ¦ Total Assessment ¦ Total Fine ¦ Total Restitution ¦ +------------------+------------+-------------------¦ ¦$25.00 ¦$3,000.00 ¦NONE ¦ +---------------------------------------------------+
FINE
A fine in the amount of $3,000.00 is imposed.
The defendant shall pay interest on any fine or restitution 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 in the Schedule of Payments may be subject to penalties for delinquency and default pursuant to 18 U.S.C. § 3612(g).
RESTITUTION
No restitution imposed. 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.
ACKNOWLEDGMENT OF SUPERVISION CONDITIONS
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.
I have reviewed the Judgment and Commitment Order in my case and the supervision conditions therein. These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
(Signed)
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Defendant
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U.S. Probation Officer/Designated Witness