U.S. v. Nakai

Full title: UNITED STATES OF AMERICA v. Malania Mae Nakai

Court: United States District Court, D. New Mexico

Date published: Jul 7, 2011

Case Number: 1:10CR01394-001JB, USM Number: 96575-180 (D.N.M. Jul. 7, 2011)

Opinion

Case Number: 1:10CR01394-001JB, USM Number: 96575-180.

July 7, 2011

Defense Attorney: David Plotsky, Appointed.

Amended Judgment in a Criminal Case — Reason: (For Revocation of Probation or Supervised Release) Correction of Sentence for Clerical Mistake (fed.R.Crim.P. 36)

JAMES BROWNING, District Judge

THE DEFENDANT:

MC, SC

[X] admitted guilt to violations of condition(s) 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 Nature of Violation Violation Ended Number 1 MC — The defendant unlawfully possessed a controlled substance and failed 02/02/2011 to refrain from the unlawful use of a controlled substance. The defendant also failed to submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter as determined by the court. The defendant is sentenced as provided in pages 1 through 6 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). IT IS FURTHER 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. 0790 June 14, 2011 1982 /s/ James O. Browning Honorable James O. Browning Albuquerque, NM United States District Judge July 7, 2011 _____________________________________________ _____________________ Last Four Digits of Defendant's Soc. Sec. No. Date of Imposition of Judgment _____________________________________________ _____________ Defendant's Year of Birth Signature of Judge _________________________________ _______ City and State of Defendant's Residence Name and Title of Judge _______________________ Date Signed

ADDITIONAL VIOLATIONS

Violation Nature of Violation Violation Ended Number 2 SC — The defendant failed to submit to evaluation for substance abuse or 01/24/2011 dependency treatment as directed or deemed necessary by the probation officer. The defendant also failed to participate in a program approved by the probation officer for treatment of narcotic addiction, drug or alcohol dependency which may include testing to determine if the defendant has reverted to the use of drugs or alcohol. The defendant my also be required to contribute to the cost of the services rendered in an amount determined by the probation officer, based upon the defendant's ability to pay.

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 126 days with credit for time served.

Although advisory, the Court has considered the Guidelines and, in arriving at its sentence, has taken account of the Guidelines with other sentencing goals. Specifically, the Court has considered the Guidelines' sentencing range established for the applicable category of offense committed by the applicable category of Defendant. The Court believes that the Guidelines' punishment is appropriate for this sort of offense. Therefore, the sentence in this judgment is consistent with a guideline sentence. The Court has considered the kind of sentence and range established by the Guidelines. The Court believes that a sentence of 126 days reflects the seriousness of the offense, promotes respect for the law, provides just punishment, affords adequate deterrence, protects the public and effectively provides the Defendant with needed education or vocational training and medical care, and otherwise fully reflects each of the factors embodied in 18 U.S.C. Section 3553(a). The Court also believes the sentence is reasonable. The Court believes the sentence is sufficient, but not greater than necessary, to comply with the purposes set forth in the Sentencing Reform Act.

[] The court makes these recommendations to the Bureau of Prisons: [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 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.By

__________________________________________ UNITED STATES MARSHAL _________________________________________ DEPUTY UNITED STATES MARSHAL

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 18 months.

The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state, or local crime.

The defendant shall not unlawfully possess a controlled substance.

The defendant shall refrain from any unlawful use of a controlled substance.

The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.

[] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.) [X] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable). [X] The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable). [] The defendant shall register with the state, local, tribal and/or other appropriate sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.) [] The defendant shall participate in an approved program for domestic violence. (Check, if applicable) If this judgment imposes a fine or a restitution, it is to be a condition of supervised release that the defendant pay in accordance with Criminal Monetary Penalties sheet of this judgment.

The defendant shall comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached 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 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 or her dependents and meet other family responsibilities; 5) the defendant shall obtain and maintain full time, legitimate employment, or attend a vocational or academic training program throughout the term of supervised release as directed by the probation officer; 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 substances, 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 or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of 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; and 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;

SPECIAL CONDITIONS OF SUPERVISION

The defendant must refrain from the use and possession of alcohol and other forms of intoxicants. She must not frequent places where alcohol is the primary item for sale.

As to the following standard condition, it shall not apply to employers: 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 requirements.

The Defendant must participate in and successfully complete a mental health treatment program as approved by the probation officer, which may include outpatient counseling or prescribed medication. The Defendant may be required to pay a portion of the cost of this treatment as determined by the probation office.

The Defendant must participate in and successfully complete a substance abuse treatment program, which may include testing and outpatient counseling. The Defendant is prohibited from obstructing or attempting to obstruct or tamper, in any fashion, with the collection, efficiency and accuracy of any substance testing device or procedure. The Defendant the may be required to pay a portion of the cost of this treatment as determined by the probation office.

The Defendant shall enter into, participate in, and successfully complete a residential substance abuse treatment center as approved by the probation officer. The defendant shall remain at the approved residential treatment program for 120 days.

The Defendant shall reside at a Residential Re-Entry Center program until July 11th, 2011.