Opinion
Case Number: 12CR20493-0 USM Number: 47575-039
01-18-2013
United States of America v. Anthony Von Fleming
David A. Koelzer Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
David A. Koelzer
Defendant's Attorney
THE DEFENDANT:
[X] Pleaded guilty to count(s) 1. The defendant is adjudicated guilty of these offenses:
+-----------------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Offense Ended ¦Count ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦18 U.S.C. § 113 ¦Assault While Striking, Beating or ¦6/27/2012 ¦1 ¦ ¦(a)(4) ¦Wounding ¦ ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 5 of this judgment. This sentence is imposed pursuant to the Sentencing Reform Act of 1984 [X] Count(s) 2 is dismissed on the motion of the United States after a plea of not guilty.
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.
1/18/2013
Date of Imposition of Judgment
Charles E. Binder
United States Magistrate 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: ninety (90) days The court makes the following recommendations to the Bureau of Prisons: This sentence is to be served consecutively to a state sentence the Defendant is already serving, which was imposed in case number 12-1277-FH in the 21st Circuit Court for the State of Michigan. The defendant is remanded to the custody of the United States Marshal.
RETURN
I have executed this judgment as follows: Defendant delivered on ___ to ___ a _________________, with a certified copy of this judgment.
_________________
United States Marshal
_________________
Deputy United States Marshal
CRIMINAL MONETARY PENALTIES
+-------------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +---------+------------+------+-------------¦ ¦TOTALS: ¦$ 10.00 ¦$ 0.00¦$ 0.00 ¦ +-------------------------------------------+ 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.
+---------------------------------------------------------+ ¦ ¦ ¦Restitution ¦Priority or ¦ ¦Name of Payee ¦Total Loss ¦ ¦ ¦ ¦ ¦ ¦Ordered ¦Percentage ¦ +---------------+-------------+-------------+-------------¦ ¦TOTALS: ¦$ 0.00 ¦$ 0.00 ¦ ¦ +---------------------------------------------------------+
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.
ADDITIONAL TERMS FOR CRIMINAL MONETARY PENALTIES
Due to the Defendant's financial circumstances, any fine and the costs of incarceration are waived.
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 $10.00 due immediately. Unless the court has expressly ordered otherwise in the special instructions above, while in custody, the defendant shall participate in the Inmate Financial Responsibility Program. The Court is aware of the requirements of the program and approves of the payment schedule of this program and hereby orders the defendant's compliance. All criminal monetary penalty payments are to be made to the Clerk of the Court, except those payments made through the Bureau of Prison's Inmate Financial Responsibility Program. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties 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.