Opinion
CASE NUMBER: 11-mj-01064-CBS-01
08-24-2011
UNITED STATES OF AMERICA v. MICHAEL WIZNITZER WILMINGTON
LaFonda R. Jones, AFPD (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
(For a Petty Offense)
LaFonda R. Jones, AFPD
(Defendant's Attorney)
THE DEFENDANT: Pleaded guilty to Count 1 of the Information. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense:
+-----------------------------------------------------------------------------+ ¦ ¦ ¦ Date Offense ¦ Count ¦ ¦ Title & Section ¦ Nature of Offense ¦ ¦ ¦ ¦ ¦ ¦ Concluded ¦ Number(s) ¦ +-------------------+------------------------------+--------------+-----------¦ ¦ ¦Assault on an Aircraft in the ¦ ¦ ¦ ¦49 U.S.C. §46506(1)¦Special ¦ ¦ ¦ ¦and ¦ ¦ ¦ ¦ ¦ ¦Aircraft Jurisdiction of the ¦04/27/2011 ¦1 ¦ ¦18 U.S.C. § 113(a) ¦United ¦ ¦ ¦ ¦(5) ¦ ¦ ¦ ¦ ¦ ¦States ¦ ¦ ¦ +-----------------------------------------------------------------------------+
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.
IT IS 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. If ordered to pay restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.
August 12, 2011
Date of Imposition of Judgment
________________________________________
Signature of Judicial Officer
Boyd N. Boland , U.S. Magistrate Judge
Name & Title of Judicial Officer
PROBATION
The defendant is hereby placed on probation for a term of two (2) years.
The defendant shall not commit another federal, state, or local crime and shall not illegally possess a controlled substance.
The drug testing condition required by 18 U.S.C. § 3563(a)(5) is suspended based on the court's determination that the defendant poses a low risk of future substance abuse.
If this judgment imposes a fine or a restitution obligation, it shall be a condition of probation that the defendant pay any such fine or restitution in accordance with the Schedule of Payments set forth in the Monetary Obligations sheet of this judgment.
The defendant shall comply with the standard conditions that have been adopted by this court (set forth below). The defendant shall also comply with the additional conditions on the following page.
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 as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month.
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 his 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 at least ten days prior to 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 controlled substance, or any paraphernalia related to any controlled substance, 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 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 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 provide the probation officer with access to any requested financial information.
ADDITIONAL CONDITIONS OF SUPERVISION
1) The defendant shall participate in a program of mental health treatment, as directed by the
probation officer, until he is released from the program by the probation officer. The defendant shall pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report, for continuity of treatment.
MONETARY OBLIGATIONS
The defendant shall pay the following monetary obligations in accordance with the schedule of payments set forth below.
+------------------------------------------------+ ¦ Count ¦ Assessment ¦ CVB ¦ Fine ¦ Restitution ¦ +--------+------------+-----+------+-------------¦ ¦1 ¦$10.00 ¦$0.00¦$0.00 ¦$0.00 ¦ +--------+------------+-----+------+-------------¦ ¦TOTALS ¦$10.00 ¦$0.00¦$0.00 ¦$0.00 ¦ +------------------------------------------------+
The defendant shall make 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 or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid in full prior to the United States receiving payment.
+-----------------------------------------------------------------------+ ¦ ¦ ¦ ¦Priority Order ¦ ¦ ¦ Total ¦Amount of ¦ ¦ ¦ Name of Payee ¦ ¦ ¦or Percentage ¦ ¦ ¦ Amount of Loss ¦ Restitution Ordered ¦ ¦ ¦ ¦ ¦ ¦ of Payment ¦ +---------------+----------------+---------------------+----------------¦ ¦ ¦ ¦$0.00 ¦ ¦ +---------------+----------------+---------------------+----------------¦ ¦TOTALS ¦$0.00 ¦$0.00 ¦ ¦ +-----------------------------------------------------------------------+
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18, United States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996.
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total monetary obligations shall be due as follows:
The special assessment is due and payable immediately.
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) special assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest