United States v. Jones

3:08-cr-30133 | S.D. Ill. | Jan 14, 2009

A0245B (Rev. 09/08) Judgment in a Criminal Case Sheet I UNITED STATES DISTRICT COURT Southern District of Illinois ) UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE v. ) RA TEM JONES ) ) Case Number: 3:08CR30133-001-JPG ) USM Number: 28271-044 ) ) Melissa A. Day, AFPD Defendant's Attorney THE DEFENDANT: !t'pleaded guilty to count(s) 1 of the Indictment o pleaded nolo contendere to count(s) which was accepted by the court. o was found guilty on count(s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses: 18 U.S.C.922(g)(1) Possession of a Weapon by a Felon 3/26/2008 1 The defendant is sentenced as provided in pages 2 through __1_0__ of this judgment. The sentence is imposed pursuant to the Sentencing Refonn Act of 1984. o The defendant has been found not guilty on count(s) OCount(s) ----------- Dis o 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 ofany change ofname, residence. or mailing address until all fmes. restitution, costs, and special assessments imposed by this judgment are fully paid. Ifordered to pay restitution, the defeni:lant must notify the court and United States attorney of material clianges in economIC circumstances. 1/9/2009 Date of Irnposition of Judgment SignatureOfJUd~'---"-IC=='---------------- J. Phil Gilbert District Judge Name of Judge Title of Judge ~-Go<"~.e=7J'+-'--+-/-+17,,2-"'---=--°-=°...,.9 _ AO 2458 (Rev. 09/08) Judgment in Criminal Case Sheet 2 - Imprisonment Judgment - Page _-,,2~ of 10 DEFENDANT: RA TEM JONES CASE NUMBER: 3:08CR30133-001-JPG IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 71 months on Count 1 of the Indictment (The Court sentences the defendant to 71 months in case No. 08CR30133. The Court further sentences the defendant to 13 months in cases No. 08CR30064 and 08CR30065 which are to run concurrent with each other and they are to run consecutive to case 08CR30133 for a total of 84 months the defendant is to serve) o The court makes the following recommendations to the Bureau of Prisons: 'it 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 0 a.m. o p.m. on o as notified by the United States Marshal. o 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: Defendant delivered on to a _ with a certified copy of this judgment. UNITED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL AO 245B (Rev. 09/08) Judgment in a Criminal Case Sheet 3 - Supervised Release DEFENDANT: RA TEM JONES Judgment-Page 3 of 10 CASE NUMBER: 3:08CR30133-001-JPG SUPERVISED RELEASE Upon release from imprisomnent, the defendant shall be on supervised release for a tenn of : 3 years on Count 1 of the Indictment 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 an)' unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisomnent ana at least two periodic drug tests thereafter, as detennined by the court. o The above drug testing condition is suspended, based on the court's detennination that the defendant poses a low risk of future substance abuse, (Check, if applicable.) The defendant shall not possess a fireann, anununition, destructive device, or any other dangerous weapon. (Check, ifapplicable.) The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check. if applicable.) o The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, ef seq.) as direc,ted by the probatIOn offi~er, the Bureat;l of Prisons, or any state sex offender registration agency in which he or she resides, works, IS a student, or was convIcted of a quahfymg offense. (Check, if applicable.) o The defendant shall participate in an approved program for domestic violence. (Check. if applicable.) If this judgment imposes a fme or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this 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 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 ofany contraband observeo 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 pennission 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 pennit the probation officer to make such notifications and to confinn the defendant s compliance with such notification requirement. AQ 245B (Rev. 09/08) Judgment in a Criminal Case Sheet 3C - Supervised Release Judgment-Page 4 of 10 DEFENDANT: RA TEM JONES CASE NUMBER: 3:08CR30133-001-JPG SPECIAL CONDITIONS OF SUPERVISION X The defendant shall pay any financial penalty that is imposed by this judgment and that remains unpaid at the commencement of the term of supervised release. The defendant shall pay the fine in installments of $1 0.00 per month or ten percent of his net monthly income, whichever is greater, over a period of 15 months, to commence 30 days after release from imprisonment to a term of supervision X The 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. The defendant is advised that the probation office may share financial information with the Financial Litigation Unit. X The 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. The defendant shall immediately notify the probation officer of the receipt of any indicated monies. X Based on the defendant's history of substance abuse, the Court is exercising it's discretion and ordering that the defendant shall participate as directed and approved by the probation officer in treatment for narcotic addiction, drug dependence, or alcohol dependence, which includes urinalysis or other drug detection measures and which may require residence and/ or participation in a residential treatment facility. The number of tests shall not exceed 52 tests in a one year period. Any participation will require complete abstinence from all alcoholic beverages. The defendant shall pay for the costs associated with substance abuse counseling and/or testing based on a copay sliding fee scale approved by the United States Probation Office. Copay shall never exceed the total costs of counseling. X The defendant shall submit his person, residence, real property, place of business, computer, or vehicle to a search, conducted by the United Stats Probation Officers 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. X Defendant shall submit within 15 days, not to exceed 52 tests in a one year period for drug urinalysis. AQ 2458 (Rev. 09/08) Judgment in a Criminal Case Sheet 5 - Criminal Monetary Penalties Judgment - Page _-,5,--_ of 10 DEFENDANT: RA TEM JONES CASE NUMBER: 3:08CR30133-001-JPG CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment Fine Restitution TOTALS $ 100.00 $ 100.00 $ 0.00 D The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AD 245C) will be entered after such determination. ----- D 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 colunm below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paId. TOTALS $ -'-0:-::.0-'--0 $ --'0:..=-.0:...:0'- D Restitution amount ordered pursuant to plea agreement $ D 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 of the judgment, pursuant to 18 U.S.C. § 3612(1). 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). Fit The court determined that the defendant does not have the ability to pay interest and it is ordered that: rif the interest requirement is waived for the ~ fme 0 restitution. o the interest requirement for the D fme D restitution is modified as follows: • Findings for the total amount oflosses are required under Chapters 109A, 110, 1lOA, and 113A ofTitle 18 for offenses committed on or after September 13, 1994, but before April 23, 1996. AO 245B (Rev. 09/08) Judgment in a Criminal Case Sheet 6 - Schedule of Payments Judgment - Page 6 of 10 DEFENDANT; RA TEM JONES CASE NUMBER: 3;08CR30133-001-JPG SCHEDULE OF PAYMENTS Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows: A r;f Lump sum payment of $ -.:2=:0::..:0"-.0"'0:..- _ due immediately, balance due o not later than , or r;f in accordance o C, 0 D, o E, or 'ot F below; or B o Payment to begin immediately (may be combined with DC, OD,or o F below); or c o 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 D o Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of (e.g., months or years), to conunence (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or E o Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or F Special instructions regarding the payment of criminal monetary penalties: X The defendant shall pay any financial penalty that is imposed by this judgment and that remains unpaid at the commencement of the term of supervised release. The defendant shall pay the fine in installments of $10.00 per month or ten percent of his net monthly income, whichever is greater, over a period of 15 months, to commence 30 days after release from imprisonment to a term of supervision Unless the court has expressly ordered otherwise, ifthis judgment imposes imprisonment, payment ofcriminal monetary penalties is due during imprisonment. All cnminal monetary penalties, except those payments made through the Federal Bureau of Pnsons' Inmate 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. o The defendant shall pay the cost of prosecution. o The defendant shall pay the following court cost(s): r;f The defendant shall forfeit the defendant's interest in the following property to the United States; See attached order Paytnents shall be applied in the following order; (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) CRIMINAL NO. vs. ) ) RA TEM JONES, ) ) Defendant. ) PRELIMINARY ORDER FOR FORFEITURE PURSUANT TO FED.R.CRIM.P. 32.2 WITH RESPECT TO CERTAIN FIREARMS AND/OR AMMUNITION OF RA TEM JONES Gilbert, District Judge: In the Indictment filed in the above cause on June 19,2008, the United States sought forfeiture ofproperty of Defendant, Ra Tern Jones. The Court, upon consideration of the guilty plea and by the admissions ofthe Defendant received in this matter hereby, finds by a preponderance ofevidence that the following property is subjectto forfeiture pursuantto 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c): A Ruger, Model P89DC, 9mm semi-automatic pistol, bearing serial number 305-89717. The United States shall, under the authority of21 U.S.C. § 853(n)(1) to "publish notice ofthe order and of its intent to dispose of the property in such matter as the Attorney General may direct," provide notice ofthe forfeiture and the right ofpersons other than the defendant who have any claim or legal interest in any ofthe property to file a petition with the Court. Said notice shall be provided in a manner consisted with Supplemental Rule G(4)(a) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. The notice shall state that the petition shall be set for a hearing to adjudicate the validity of the petitioner's alleged interest in the property, shall be signed by the petitioner under penalty of perjury, and shall set forth the nature and extent of the petitioner's right, title, or interest in the forfeited property and any additional facts supporting the petitioner's claim for relief. Upon the filing a petition alleging the third-party interests in the property, the court may amend this order to resolve the claimed third-party interests. The United States Marshal or the property custodian for the Bureau of Alcohol, Tobacco, Firearms and Explosives shall seize and reduce to his possession, ifhe has not already done so, the above-described forfeited property. The United States may abandon forfeiture of the firearm by filing notice of same with the Court. Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, this Order shall become final with respect to Defendant Ra Tern Jones at the time of the Defendant's sentencing, regardless of whether or not the rights of any potential third-party petitioners have been determined by that time. This Order shall be made part of the sentence of Defendant Ra Tern Jones and shall be included in the Judgment imposed against said Defendant. This Order will be a final order only with respect to said Defendant, and this Order may be amended with respect to petitions filed by third- parties claiming an interest in the subject-matter forfeited property. DATE: _ _-"I_----'-f-_~t1_<__( _ J. PHI GILBERT United tates District Judge