Opinion
Case Number: 11-cr-00071-CMA-01 USM Number: 34967-013
01-13-2012
UNITED STATES OF AMERICA v. CHARLES W. STONEHOCKER
Robert S. Berger, Appointed (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation)
Robert S. Berger, Appointed
(Defendant's Attorney)
THE DEFENDANT: Admitted guilt to violations 1 and 2, 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 Reside in Residential Reentry ¦08/23/11 ¦ ¦ ¦Center ¦ ¦ +------------------+----------------------------------------------+-----------¦ ¦2 ¦Violation of the Law (Violation of Protection ¦09/15/11 ¦ ¦ ¦Order) ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in page 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 12, 2012
Date of Imposition of Judgment
____________
Signature of Judge
Christine M. Arguello , 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 two (2) years.
The defendant is remanded to the custody of the United States Marshal.
The Court recommends that the Bureau of Prisons designate the defendant to an appropriate facility so he can participate in the Residential Drug Abuse Program (RDAP).
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 ¦ +--------+------------+------+-------------¦ ¦One ¦$0.00 ¦$0.00 ¦$35,095.50 ¦ +--------+------------+------+-------------¦ ¦TOTALS ¦$0.00 ¦$0.00 ¦$35,095.50 ¦ +------------------------------------------+
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 before the United States is paid.
+-----------------------------------------------------------------------------+ ¦ ¦ ¦ ¦Priority or ¦ ¦ Name of Payee ¦ * Total Loss ¦ Restitution Ordered ¦ ¦ ¦ ¦ ¦ ¦ Percentage ¦ +--------------------------+--------------+---------------------+-------------¦ ¦South Dakota Dept. of ¦ ¦ ¦ ¦ ¦Social ¦ ¦ ¦ ¦ ¦ ¦$35,095.50 ¦$35,095.50 ¦ ¦ ¦Services, Division of ¦ ¦ ¦ ¦ ¦Child Support ¦ ¦ ¦ ¦ +--------------------------+--------------+---------------------+-------------¦ ¦TOTALS ¦$35,095.50 ¦$35,095.50 ¦ ¦ +-----------------------------------------------------------------------------+
Interest on the restitution obligation 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 restitution 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) restitution.