Opinion
Case No. 2:11cr088-01-WKW USM No. 13615-002
12-06-2012
Cleophus Gaines, Jr. Defendant's Attorney
Judgment in a Criminal Case
(For Revocation of Probation or Supervised Release)
Cleophus Gaines, Jr.
Defendant's Attorney
THE DEFENDANT:
X admitted guilt to violation of condition(s) 1 & 2 of the Amended Petition of the term of supervision, [ ] was found in violation of condition(s) __________ after denial of guilt. The defendant is adjudicated guilty of these violations:
+-----------------------------------------------------------------------------+ ¦ Violation Number ¦ Nature of Violation ¦ Violation Ended ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦Defendant failed to refrain from ¦ ¦ ¦1 ¦committing another federal, ¦08/01/2012 ¦ ¦ ¦ ¦ ¦ ¦ ¦state or local crime ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦Defendant failed to report to the ¦ ¦ ¦ ¦probation officer in a manner ¦ ¦ ¦2 ¦ ¦07/05/2012 ¦ ¦ ¦and frequency directed by the court or ¦ ¦ ¦ ¦probation officer ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 3 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 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.: 2159 Defendant's Year of Birth: 1980 City and State of Defendant's Residence:
Greenville, Alabama
12/04/2012
Date of Imposition of Judgment
_____________
Signature of Judge
W. KEITH WATKINS , CHIEF U.S. DISTRICT 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:
21 Months. No term of supervision to follow. The term of probation imposed on April 19, 2012 is REVOKED.
(*) See page 3 for additional imprisonment terms
X The court makes the following recommendations to the Bureau of Prisons:
The Court recommends that defendant be designated to a facility where mental health and anger management treatment as well as vocational and educational training is available.
X 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
The sentence is a VARIANCE and is imposed for the following reasons: the nature and circumstances of the offense and the history and characteristics of the defendant, that is, defendant has shown a total disregard and contempt for the orders of the Court, and complete disrespect for the law; defendant is highly likely to recidivate; to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; to afford adequate deterrence to criminal conduct; to protect the public from further crimes of the defendant; and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.