United States v. Rogers

5:06-cr-00040 | S.D. Miss. | Aug 23, 2007

Case 5:06-cr-OOO40-DCB-.]CS Document 14 Filed 08/23/07 Page 1 of 7 v l§AO 2453 (Rev‘ 12/03) Judgment in a Criminal Case Sheet l LG:fw UNITED STATES DISTRICT COURT Sout_hem District of Mississippi UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE V. E ST H S ROGERS 1=0 utaa\§$“°‘€ se Number: 5:06cr40DC B»JCS-OOI bourHEP.NF U\ST`F’FE 0 Number: 09212-043 AUGZ 2310“‘1) e ndant’ s Attorney: Paul Evans Wintield P. O. BOx 1448 J 1 Néi=-\L\N- °“ER“ Vicksburg, MS 39181-1448 (601) 638-3911 THE DEFENDANT: . pleaded guilty to count(s) l of the ictment \:| pleaded nolo contendere to count(s) which was accepted by the court. l:l was found guilty on count(s) alter a plea ofnot guilty. The defendant is adjudicated guilty of these offenses: Date Offense Count Title & Section Nature of Oi`fense Concluded Numbe;|s} 21 U.S.C. § 84|(a)(l) Possess with Intent to Distribute Cocaine Base 04/27/06 l The defendant is sentenced as provided in pages 2 through 7 of thisjudgment. The Sentence is imposed pursuant to the Sentencing Reform Act of 1984` l:l The defendant has been found not guilty on count(s) l Count(s) 2 and 3 I:\ is l are dismissed on the motion of the United States. lt' is ordered that the defendant _must notify the United States attorney for this district within 30 da ays of any change ofnarne, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fu ly paid if ordered to pay restitution, the defendant must notify the court and United States anomey of material changes m economic circumstances August 14, 2007 Signature of.ludge David C. Bramlette, Sen_ior U. S. District Judr.te Name and Tit|e of.ludge T;\>./=»/¢'? Case 5:06-cr-OOO40-DCB-.]CS Document 14 Filed 08/23/07 Page 2 of 7 AO 245B (Rev. 12f03) Judgment in Criminal Case Sheet 2 - lmprisonment .ludgment_ Page 2 of DEFEN DANT: ROGERS, Ernest Harris CASE NUMBER: 5 :06cr40DCB-JCS-OOi IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 128 months l The court makes the following recommendations to the Bureau of Prisons: The Court recommends the defendant be designated to the facility in Yazoo City, Mississippi. 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 ill a.m. |:] p.m. on I:l as notified by the United States Marshal. I:l The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: l:l by 12100 p.m. l:l as notified by the United States Marshal. El as notified by the Probation or Pre|:rial Services Off'ice. RETURN l have executed this judgment as follows: Defendant delivered on to at , with a certified copy ofthis judgment UNl'l`ED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL Case 5:06-cr-OOO40-DCB-.]CS Document 14 Filed 08/23/07 Page 3 of 7 AO 2455 (Rev. 12/03) Jttdgment in a Crimina| Case Sheet 3 _ Supervised Re|ease Judgment_Page 3 of _'i`__ DEFENDANT: ROGERS, Emest Harris CASE NUMBER: 5:06cr40DCB-JCS-OOI SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of : five (5) years 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 federa|, state or local crime. The defendant shall not unlawfully possess a controlled substance The defendant shall refrain from any unlawful use cfa controlled substance The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereaher, as determined by the court. ij |:lll ij 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.) 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 'udgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule o 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. l) 2) 3) 4) 5) 6) 7) 8) 9) IO) ll) 12) 13) STANDARD CONDITIONS OF SUPERVISION the defendant shall not leave the judicial district without the permission of the court or probation officer; the |defend§nt 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 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; 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 yisit 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 probation 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 Case 5:06-cr-OOO40-DCB-.]CS Document 14 Filed 08/23/07 Page 4 of 7 AO 2458 (Rev. 12/03) Judgment in a Criminal Case Sheet 3C _ Supervised Release ludgment_l’age _i_ of ________7____ DEFENDANT: ROGERS, Ernest Harris CASE NUMBER: 5:06cr4ODCB-JCS-001 SPECIAL CONDITIONS OF SUPERVISION (A) The defendant shall submit to random urinalysis testing and complete any substance abuse treatment program deemed necessary by the supervising .S. Probation Officer. (B) The defendant is to provide an financial information, business or personal, to the U.S. Probation Office upon request and is prohibited rom incurring new charges or opening additional lines of credit without the approval of the U.S. Probation Off'ice. Case 5:06-cr-OOO40-DCB-.]CS Document 14 Filed 08/23/07 Page 5 of 7 AO 245B (Rev. 12103) Judgment in a Criminal Case Sheet 5 - Cri`minal Monetary Penalties Judgment- Page 5 cf 7 DEFENDANTZ ROGERS, EIT|CS{ Ha.l’l'iS CASE NUMBER: 5 :0601'4ODCB-JCS-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 $ 1,500.00 $ [:| The determination of restitution is deferred until . An Amended Jirdgmerit in a Cri`mina! Case (AO 245C) will be entered after such determination I:I 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 ro ortioned ayment, unless specified otherwise iri the priority or_der or percentage payment column elow. However, pursuant to 18 .S. . § 3664€ before the United States is paid. Name of Payee Total Loss* Restitution Ordered Priority or Percentage TOTALS $ $ |;| Restitution amount ordered pursuant to plea agreement $ I;| The defendant must pay interest on restitution and a fine ofmore than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date ofthejudgment, pursuant to 18 U.S.C. § 3612(f). All ofthe payment options on Shect 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 |:| restitution [:| the interest requirement forthe l:] fine |:j restitution is modifiedas follows: , all nonfederal victims must be paid Case 5:06-cr-OOO40-DCB-.]CS Document 14 Filed 08/23/07 Page 6 of 7 AO 245B (Rev. 12."03) Judgment in a Crimina| Case Sheet 6 _ Schedule of Payments judgment _ Page 6 of 7 DEFENDANT: ROGERS, Ernest Harris CASE NUMBER: 5:06cr40DCB-JCS-00| SCHEDULE OF PAYMENTS Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows: A - Lump sum payment of $ 100.00 due immediately, balance due l:| notlater than ,or ij inaccordance with [] C, [_°] D, [:| E,or E Fbelow;or l 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 thisjudgment; or D l Payment in equal monthly (e.g., weekly, monthly, quarterly) installments of $ 50.00 over a period of 30 months (e.g., months or years), to commence 60 days (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 ofthe defendant’s ability to pay at that time; or F [:] Special instructions regarding the payment of criminal monetary penalties: _Unless the court has expressl ordered otherwise if thisjud ment imposes imprisonment, payment of criminal monetary penalties is due durin imprisonment All crimina monet penalties except ose payments made throu§ t e Federal Bureau of Prisons’ Inmate Financia Responsibility Program, are made to t e Clerk of Court, P. O. Box 23552, Jackson, M 39225»3552. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed i:l 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 l:] The defendant shall pay the cost of prosecution [I The defendant shall pay the following court cost(s): f:| The defendant shall forfeit the defendant’s interest in the following property to the United States: Payments shall be applied iii the following order; (l? assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, ties, and (8) costs, including cost of prosecution and court costs. (5) fine interest, (6) community restitution, (7) pena Case 5:06-cr-OOO40-DCB-.]CS Document 14 Filed 08/23/07 Page 7 of 7 AO 245B (Rev. 12/03) Judgment in a Criminal Case Sheet 7 - Denial of Fedei'al Benefits judgment - Page '." of 7 DEFENDANT: ROGERS, Ernest Harris CASE NUMBER: 5:060r40DCB-JCS-00] DENIAL OF FEDERAL BENEFITS (For Offenses Committed On or After Novembcr 18, 1988) FOR DRUG TRAFFICKERS PURSUAN T T() 21 U.S.C. § 862 IT lS ORDERED that the defendant shall be: ineligible for all federal benefits for a period of ten §10! years . i:l ineligible for the following federal benefits for a period of (specify benetit(s)) OR l“_',] Having determined that this is the defendant’s third or subsequent conviction for distribution of controlled substances, IT lS ORDERED that the defendant shall be permanently ineligible for all federal benefits FOR DRUG POSS ESSORS PURSUANT TO 21 U.S.C. § 862(b) lT IS ORDERED that the defendant shall: I:l be ineligible for all federal benefits for a period of i:l be ineligible for the following federal benefits for a period of (specify benefit(s)) successfully complete a drug testing and treatment program. perform community service, as specified in the probation and supervised release portion of thisjudgment. |:I I-{aving determined that this is the defendant’s second or subsequent conviction for possession of a controlled substance, IT lS FURTHER ORDERED that the defendant shall complete any drug treatment program and community service specified in this judgment as a requirement for the reinstatement of eligi ility for federal benefits Pursuant to 21 U.S.C. § 862(d), this denial of federal benefits does not include any retirement, welfare, Social Security, health, disabili , veterans benefit, public housin g, or other similar benefit, or any other benefit for which ayments or services are required for eligi ility. The clerk is responsible for sending a copy of this page and the lirst page of this ju gment to: U.S. Depa rtment of .Iustice, Office of Justice Programs, Washington, DC 20531