Opinion
Criminal Number: 3:10CR00043-001
11-03-2011
R. Mark Upton Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)
(For Offenses committed on or after November 1, 1987)
R. Mark Upton
Defendant's Attorney
THE DEFENDANT:
[√] admitted guilt to violation of condition(s) No. 1 and 2 of the term of supervision. [ ] was found in violation of condition(s) __ after denial of guilt.
+------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Date 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.
October 31, 2011
Date of Imposition of Sentence
____
Signature of Judicial Officer
JAMES J. BRADY , United States District Judge
Name & Title of Judicial Officer
ADDITIONAL VIOLATION
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Date Violation Concluded ¦ +------------------+-------------------------------+--------------------------¦ ¦ ¦The defendant shall report to ¦ ¦ ¦No. 1 - Standard ¦the probation officer and shall¦ ¦ ¦Condition ¦submit a truthful and complete ¦July, 2011 ¦ ¦ ¦written report within the first¦ ¦ ¦ ¦five days of each month. ¦ ¦ +------------------+-------------------------------+--------------------------¦ ¦No. 2 - Standard ¦The defendant shall notify the ¦ ¦ ¦ ¦probation officer at least ten ¦July 21, 2011 ¦ ¦Condition ¦days prior to any change in ¦ ¦ ¦ ¦residence or employment. ¦ ¦ +-----------------------------------------------------------------------------+
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 12 months.
[ ] 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 shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments set forth on Sheet 5, Part B.
+-----------------------------------+ ¦ ¦Assessment¦Fine¦Restitution¦ +-------+----------+----+-----------¦ ¦Totals:¦$ 200.00 ¦$ ¦$ ¦ +-----------------------------------+
[] The determination of restitution is deferred until _. An Amended Judgment in a Criminal Case (AO245C) will be entered after such determination.
[ ] The defendant shall 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 proportional payment unless specified otherwise in the priority order of percentage payment column below. However, pursuant to 18 U.S.C.§3664(i), all non-federal victims must be paid in full prior to the United States receiving payment.
+-----------------------------------------------------------------------------+ ¦Name of ¦ Total Amount of¦Amount of Restitution ¦Priority Order or % of¦ ¦Payee ¦Loss ¦Ordered ¦Pymnt ¦ +----------+-------------------+-----------------------+----------------------¦ ¦ ¦TOTALS: ¦$ ¦$ ¦ +-----------------------------------------------------------------------------+
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.
[ ] If applicable, restitution amount ordered pursuant to plea agreement..........$ _
FINE
The above fine includes costs of incarceration and/or supervision in the amount of $ _.
[ ] The determination of restitution is deferred in a case brought under Chapters 109A, 100, 110A and 113A of Title 18 for offenses committed on or after 09/13/1994, until up to 60 days. An amended Judgment in a Criminal Case will be entered after such determination.
[ ] The court determined that the defendant does not have the ability to pay interest and it is ordered that:
[ ] The interest requirement for the fine is waived.
[ ] The interest requirement for the fine is modified as follows:
RESTITUTION
[ ] The court modifies or waives interest on restitution as follows:
SCHEDULE OF PAYMENTS
Having accessed the defendant's ability to pay, payment of the total fine and other criminal monetary penalties are due as follows:
A [√] Lump sum of $ 200.00 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 in the special instructions above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be 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.
[ ] Joint and Several
Case Number Joint and Several
(Including defendant number) Defendant Name Amount
[ ] 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.