U.S. v. Duran

Full title: UNITED STATES OF AMERICA v. DANIEL WILLIAM DURAN

Court: United States District Court, D. Colorado

Date published: Jul 25, 2007

Case Number: 05-cr-00413-MSK-01, USM Number: 58680-065 (D. Colo. Jul. 25, 2007)

Opinion

Case Number: 05-cr-00413-MSK-01, USM Number: 58680-065.

July 25, 2007

Janine Yunker, AFPD, (Defendant's Attorney).

JUDGMENT IN A CRIMINAL CASE (For Revocation of Supervised Release

MARCIA KRIEGER, District Judge

THE DEFENDANT: Admitted guilt to violations 1, 2, and 3 as alleged in the probation officer's petition.

The defendant is adjudicated guilty of these violations: Violation Violation Number Nature of Violation Ended

1 Possession and Use of a Controlled Substance 12/12/06 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 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.

ADDITIONAL VIOLATIONS

Violation Violation Number Nature of Violation Ended 2 Failure to Participate in Drug Treatment as Directed by the 1/18/07 Probation Officer (Urinalysis) 3 Possession and Use of a Controlled Substance 2/14/07

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 13 months. No supervision following term of imprisonment.

The defendant is remanded to the custody of the United States Marshal.

RETURN

I have executed this judgment as follows:

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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 TOTALS 1 and 2 $100.00 $0.00 $3,000.00 $100.00 $0.00 $3,000.00 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(1), all nonfederal victims must be paid before the United States is paid. Priority or Name of Payee ^_ Total Loss Restitution Ordered Percentage TOTALS First Interstate Bank $12,330.00 $3,000.00 Candalaria Branch Salem, Oregon $12,330.00 $3,000.00 The Court specifically finds based on the stipulation of the parties that there is $1,255.00 that is still owing on the restitution amount.

The defendant must pay interest on any restitution or fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options set forth below may be subject to penalties for delinquency and default pursuant to 18 U.S.C. § 3612(g).

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total monetary obligations is due as follows:

The defendant is ordered to pay the balance of the restitution obligation, which is $1,255.00.

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) penalties.