United States v. Collier

4:09-cr-40081 | S.D. Ill. | May 18, 2010

(Rev. 09/08) Judgment in a Criminal Case AO 2458

Sheet I UNITED STATES DISTRICT COURT Southern District of Illinois ) UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE ) v. ) )

Case Number: 4:09CR40081-001-GPM WILBUR EUGENE COLLIER ) )

USM Number: 23145-044 William A. Shirley ~1L1: ""' __ _

) )

Defendant's Attorney ~ THE DEFENDANT: I & 2 of the Indictment. _ _______ __ ____ ---NA--'-"'Y'-'-I~8r_.21I1'8U.10'l- ~ pleaded guilty to count(s) G. 9. pleaded nolo contendere to count(s) 0 - - - ._ - which was accepted by the court 9. was found guilty on count( s) - - - - .. ----. - - - . - - -.. - - - -.. -.::""'YlifJil'WlQ __ - - - after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Count Nature of Offense Offense Ended Title & Section 10/31/2009 I 18 USC 922(g)(1), Poss. of a fIreann by a person who has been convicted of a 924(a)(2) crime punishable by imprisonment for a tenn exceeding 1 yr.

The defendant is sentenced as provided in pages 2 through 7 __ of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. 9. The defendant has been found not guilty on count(s) 9. Count(s) o is D are dismissed on the motion of the United States.

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 defenoant must notify the court and United States attorney of material changes in econorruc circumstances.

t Date ' AO 2458 (Rev. 09108) Judgment in Criminal Case Sheet 2 - Imprisonment Judgment - Page 2 - - - - of

DEFENDANT:

WILBUR EUGENE COLLIER

CASE NUMBER:

4:09CR40081-001-GPM

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a

total term of: 60 TOTAL MONTHS. All such terms shall run concurrently.

o The court makes the following recommendations to the Bureau of Prisons: 181 The defendant is remanded to the custody of the United States Marshal. o The defendant shall surrender to the United States Marshal for this district:

o at on o a.m. Q p.m. o as notified by the United States Marshal.

!::! The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: o before 2 p.m. on o as notified by the United States Marshal. o as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows: to Defendant delivered on with a certified copy of this judgment. a UNITED STATES MARSHAL By ______ ~=~ DEPUlY UNITED STATES MARSHAL AO 2458 (Rev. 09/08) Judgment in a Criminal Case Sheet 3 - Supervised Release Judgment-Page __ 3___ of DEFENDANT: WILBUR EUGENE COLLIER

CASE NUMBER:

4:09CR40081-001-GPM

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a tenn of: 3 TOTAL YEARS. All such terms shall run concurrently.

The defendant must 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 ont? drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as detennined by the court, not to exceed 52 tests m one year.

The above drug testing condition is suspended, based on the court's detennination that the defendant poses a low risk of o future substance abuse. (Check, if applicable.) The defendant shall not possess a fireann, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.) The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) The defendant shall complY with the requirements of the Sex Offender Registration and Notification Act (42 U.S.c. § 16901, et seq.) as directed by

o the probation offic~.!he Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a stuoent, or was convIcted of a quahlymg offense. (Check, if applicable.)

o The defendant shall participate in an approved program for domestic violence. (Check, if applicable.) If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of tliis judgment. The defendant must 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

I) the defendant shall not leave the judicial district without the pennission 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 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 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 pennission to do so by the probatlon officer; the defendant shall pennit a probation officer to visit him or her at any time at home or elsewhere and shall pennit confiscation of any contraband 10) observed in plain view of the probation officer; II) 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 infonner or a special agent of a law enforcement agency without the permission of the

court; and 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 13) personal history or characteristics and shall pennit the probation officer to make such notifications and to continn the defendant's compliance with such notification requirement.

AO 245B (Rev. 09/08) Judgment in a Criminal Case Sheet 3C - Supervised Release Judgment-Page __ 4_ of ____ _

DEFENDANT:

WILBUR EUGENE COLLIER

4:09CR40081-001-GPM

CASE NUMBER:

SPECIAL CONDITIONS OF SUPERVISION

Defendant shall pay any financial penalty that is imposed by this Judgment and that remains unpaid at the time of supervised release, or during the term of probation. Defendant shall apply all monies received from income tax refunds, lottery winnings, judgments and/or any other anticipated or unexpected financial gains to the outstanding court ordered financial obligation. Defendant shall immediately notify the probation officer of the receipt of any indicated monies. Defendant shall provide the probation officer and the Financial Litigation Unit of the United States Attorney's Office with access to any requested financial information. Defendant is advised that the probation office may share financial information with the Financial Litigation Unit. Defendant shall participate as directed and approved by the probation officer in an evaluation and treatment, if recommended, for narcotic addiction, drug dependence, or alcohol dependence, which includes urinalysis or other drug detection measures, not to exceed 52 tests in a one-year period, as directed by the probation officer, and which may require residence and/or participation in a residential treatment facility. Any participation will require complete abstinence from all alcoholic beverages. Defendant shall pay for the costs associated wltli substance abuse counseling and/or testing based on a co-pay sliding fee scale approved by the Probation Office. Co-pay shall never exceed the total costs of counselmg. Defendant shall submit his person, residence, real property, place of business, computer, or vehicle to a search, conducted by the United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of supervision. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to a search pursuant to this condition. AO 2458 (Rev. 09/08) Judgment in a Criminal Case

Sheet 5 - Criminal Monetary Penalties of Judgment Page 5

DEFENDANT:

WILBUR EUGENE COLLIER

CASE NUMBER:

4 :09CR40081-00 I-GPM

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment Fine Restitution TOTALS $ 200 $ 200 $ 0 g The determination of restitution is deferred until An Amended Judgment in a Criminal Case (AO 245C) will be entered

after such detennination. E! 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 colurun below. However, pursuant to 18 U.S.c. § 3664(1), all nonfederal victims must be paid before the United States is paId. Total Loss' Restitution Ordered Priority or Percentage

Name of Payee $0.00 $_ - - - $0.00 TOTALS $ ,-"- ,------- g Restitution amount ordered pursuant to plea agreement $ E! The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the

fifteenth day after the date ofthe judgment, pursuant to 18 U.S.c. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g) .

.'!'. The court determined that the defendant does not have the ability to pay interest and it is ordered that: !. the interest requirement is waived for the !.fine g restitution. g the interest requirement for the Q fine Q restitution is modified as follows:

• Findings for the total aInount oflosses are required under Chapters 109A, 110, I lOA, and I 13A of Title 18 for offenses committed on or after September 13,1994, but before April 23, 1996. AD 245B (Rev. 09/08) Judgment in a Criminal Case

Sheet 5A - Criminal Monetary Penalties Judgment-Page __ 6 _ of

DEFENDANT:

WILBUR EUGENE COLLIER

CASE NUMBER:

4:09CR40081·001·GPM

ADDITIONAL TERMS FOR CRIMINAL MONETARY PENALTIES

All financial penalties are payable through the Clerk of the District Court, 750 Missouri Ave., E. St. Louis, IL 62201. AO 2458 (Rev. 09/08) Judgment in a Criminal Case

Sheet 6 - Schedule of Payments __ L_ of Judgment - Page

DEFENDANT:

WILBUR EUGENE COLLIER

CASE NUMBER:

4:09CR40081-001-GPM

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows: A D Lump sum payment of $ due immediately, balance due not later than , or

D g D, g Fbelow; or in accordance D C, o E,or D

B IIlI Payment to begin immediately (may be combined with D C, IIlI D, Q F below); or C D Payment in equal ______ ~_ (e.g., weekly, monthly, quarterly) installments of $ ~ ______ over a period of

(e.g., months or years), to commence ____ (e.g., 30 or 60 days) after the date of this judgment; or (e.g., weekly, monthly, quarterly) installments of $ 50 D IIlI Payment in equal monthly over a period of months (e.g., months or years), to commence __ 3_0 __ (e.g., 30 or 60 days) after release from imprisomnent to a term of supervision; or (e.g., 30 or 60 days) after release from E D Payment during the term of supervised release will commence within imprisomnent. The court will set the payment plan based on an assessment ofthe defendant's ability to pay at that time; or F D Special instructions regarding the payment of criminal monetary penalties: Unless the court has expressly ordered otherwise, if this judgment imposes imprisorunent,payment of criminal monetary penalties is due during imprisorunent. All cnminal monetary penalties, except those payments made throUgh the Federal Bureau of Prisons' lrunate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. o

Joint and Several Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.

D The defendant shall pay the cost of prosecution. D The defendant shall pay the following conrt cost(s): D The defendant shall forfeit the defendant's interest in the following property to the United States: Payments shall be applied in the following order: (II assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) pena ties, and (8) costs, including cost of prosecution and court costs.