Case 2:05-cr-00380-GLL Document 34 Filed 10/15/07 Page 1 of 6 §AO 245B (Rev. 06/05) Judgment in a Crimina| Case Sheet l UNITED STATES DISTRICT CoURT WESTERN District of PENNSYLVAN|A UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE V. BR|AN METZER CaseNumber: 2205-Cr-00380-001 USM Number: #096£,1 -068 JAMES ROSS, ESQ. Defendant’s Attorney THE DEFENDANT: Mpleaded guilty to count(s) 2 m pleaded nolo contendere to count(s) which was accepted by the court. m was found guilty on count(s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title & Section ( Naturue“of_ Offense Offense Ended Count 13 u,s;c. 641 . ' " ' /29;20Q1 , 2 l h The defendant is sentenced as provided in pages 2 through 10 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. m The defendant has been found not guilty on count(s) U(Count(s) 1 & 3 l:] is I]lare dismissed on the motion of the United States. _ It is ordered that the defend_ant _must notify the United States attorney for this district within 30 da s of any change of name, residence, or malling address until_all fines, rest1tutlon,_costs, and speclal assessments 1mposed l_>y thls judgment are fu ly pa1d. If ordered to pay restltutlon, the defendant must notify the court and Unlted States attorney of materlal changes 1n econom1c c1rcumstances. 10/12@p07 DateWudgment S /i@{ature of Judge Gary L. Lancaster U.S. District Judge Name ofJudge Title of Judge zo/rg/zz Date AO Case 2:05-cr-00380-GLL Document 34 Filed 10/15/07 Page 2 of 6 245B (Rev. 06/05) Judgment in Criminal Case Sheet 2 _ Imprisonment Judgment _ Page 2 of DEFENDANT: BR|AN METZER CASE NUMBER: 2:05-cr-OO380-001 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: I:I The court makes the following recommendations to the Bureau of Prisons: I:I The defendant is remanded to the custody of the United States Marshal. I:I The defendant shall surrender to the United States Marshal for this district: I:I at |:| a.m. I:I p.m. on l:\ as notified by the United States Marshal. l:] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: I:I before 2 p.m. on l:l as notified by the United States Marshal. l:l as notified by the Probation or Pretrial Services Office. RETURN I have executed this judgment as follows: at Defendant delivered on to 10 . w ith a certified copy of this judgment UNITED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL A0245B (Rev‘06/05)Judgg@§lea&;rg§,;ac&;,@OSSO-GLL Document 34 Filed 10/15/07 PageSof€ DEFENDANT: BR|AN METZER Sheet 4_Probation Judgment-Page 3 of 1 0 CASE NUMBER'. 2105-Cr-00380-001 PROBATION The defendant is hereby sentenced to probation for a term of : Two (2) years The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance. 'Ihe defendant shall refrain from an unlawful use of a controlled substance. 'Ihe defendant shall submit to one drug test within 15 days of placement on probation and at east two periodic drug tests thereafter, as determined by the court. M U' M m m Payments s 'Ihe 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.) The defendant shall not possess a firearm, 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 register with the state 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 hjudgment_ imposes a fine or restitution, it is a condition of probation that the defendant pay in accordance with the Schedule of eet of th1s judgment. 'Ihe 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. 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) ii) 12) 13) STANDARD CONDITIONS OF SUPERVISION the defendant shall not leave the judicial district without the permission of the court or probation officer; the lblefendl¢'iltnt shall report to the probation officer and shall submit a truthful and complete written report within the first five days of eac mont ; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; the defendant shall refrain fro_m 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; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 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 pro ation officer; 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; the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 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 as directed by the brobation officer, the defendant shall notify _third parties _of risks that may be occasioned by the defendant’s criminal record or ersona _ history_ or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant s compliance with such notification requirement A024SB (Rev_06/05)Jud§,g§ter,ggg§i-rlgerQQSSO-GLL Document 34 Filed 10/15/07 Page4of6 Sheet 4A _ Probation Judgment_Page 4 of 1 0 DEFENDANT: BR|AN METZER _ CASE NUMBER: 2205-Cr-00380-001 ADDITIONAL PROBATION TERMS 1. The defendant shall be placed on home detention for a period of six (6) months. During this time, the defendant shall remain at his place of residence except for employment, doctor's appointments, and other activities approved in advance by the probation officer. 2. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous Weapon. 3. The defendant shall not unlawfully possess a controlled substance 4. The defendant shall co-operate in the collection of DNA, as directed by the Probation Office. 5. The defendant shall perform 100 hours of community service under a program administered by the Probation Office. A024513 (Rev. 06/05)Jude@Sea&;Q§mci§aQO%O-GLL Document 34 Filed 10/15/07 Page 5 of 6 Sheet 5 _ Criminal Monetary Pcnalties Judgment _ Pagc 5 of 1 0 DEFENDANT: BR|AN METZER CASE NUMBER: 2:05-cr-00380-001 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 $ 0.00 $ 0.00 1 l I:l The determination of restitution is deferred until . An Amended Judgmenl in a Criminal Case (AO 245C) will be entered after such determination. l:l 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 pa ee shall receive an approximately 1})ro ortioned ayment, unless specified otherwise in the priority order ;or percentage payment column elow. However, pursuant to 18 .S. . § 3664 i), all nonfederal victims must be paid before the United `States is pa1d. Name of Payee j lolalmsj‘ Restitution Ordered Priority or Percentage ToTALs 1 $ 0.00 3 0_00 l:l Restitution amount ordered pursuant to plea agreement $ l:l The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). |:l The court determined that the defendant does not have the ability to pay interest and it is ordered that: [:| the interest requirement is waived for the [:| fine [:| restitution. l:l the interest requirement for the l:l fine l:l restitution is modified as follows: * Findings for the total amount of los_ses are re%uired under Chapters 109A, 1 10, 1 10A, and 1 13A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 199 . A0245B (Rev_06/05)Judg,§,;§$,ed@r'ig§aqra-SQO3SO-GLL Document 34 Filed 10/15/07 Page6of6 Sheet 6 _ Schedule of Payments = Judgment _ Page 6 of 1 0 DEFENDANT; BR|AN METZER CASE NUMBER; 2205-Cr-00380-001 i i SCHEDULE OF PAYMENTS 1 Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows: A ij Lump sum payment of $ 100-00 due immediately, balance due |:| not later than ,or in accordance i:| C, \:\ D, \:| E, or MFbelow; or ij Payment to begin immediately (may be combined with |:| C, |:| D, or |:| F below); or C \:\ 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 \:\ Payment in equal (e.g., weekly, monthly, quarter1y) instal1ments of $ over a period of b (e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or E |:| 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 M Special instructions regarding the payment of criminal monetary penalties: This amount must be paid prior to discharge from this sentence. Unless the court has expressly ordered otherwise, if this judghment imposes imprisonment, payment of criminal monetary penalties is due durin imprison_m_ent. All crimina moneta penalties, except t ose payments made throug t e Federal Bureau of Prisons’ Inmate Financia Responsibility Program, are made tot e clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. I:l Joint and Several Defendant and Cd-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate I:l The defendant shall pay the cost of prosecution. ij The defendant shall pay the following court cost(s): I:l The defendant shall forfeit the defendant’s interest in the following property to the United States: Payments shall be applied in _the following order: (1? assessment (2) restitution principal, (3) restitution interest, (4) fme principal, (5) fine interest, (6) community restitution, (7) pena ties, and (8) costs, including cost of prosecution and court costs.