United States v. Waugh, 2:06-cr-00009

2:06-cr-00009 | S.D. Ga. | Mar 21, 2006

AO 245B (Rev 12/ 03) Judgment in a C ri minal Case

Sheet I United States District Cour t SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE V. Kenneth Larry Waugh Case Number : CR206-0009-00 1 USM Number : William R. Ashe Defendant 's Attorney

THE DEFENDANT : [X] pleaded guilty to a lesser included offense of Count 1 .

pleaded nolo contendere to Count(s) _ which was accepted II by the court . was found guilty on Count(s)- after a plea of not guilty . II The defendant has been convicted of the following offense(s) :

Title & Section Nature of Offens e Offense Ende d Count 18 U .S .C . §§ 7 & 13 Reckless Driving January 27, 2006 1 The defendant is sentenced as provided in pages 2 through 5 of this judgment . The sentence is imposed pursuant to the Sentencing Reform Act of 1984 . The defendant has been found not guilty on count(s)_. [ 1 [l Count( s) (is)(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 defendant must notify the court and United States attorney of material changes in economic circumstances .

March 16, 200 6 to of Imposition of Jud e ture of Judg e James E . Graham U . S . Magistrate Judge Name and Title of Judg e

,oPPI ,rA 2~ Date AO 245B (Rev 12 /03) Judgment in a C ri minal Case : Judgment - Page 2 of 5 Sheet 4 - Probatio n DEFENDANT: Kenneth Larry Waugh

CASE NUMBER: CR206-00009-001

PROBATIO N

The defendant is hereby sentenced to probation for a term of 6 months . . 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 placement on probation and at least two periodic drug tests thereafter, as determined by the court. [X] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substanc e

abuse. (Check, if applicable . ) [] The defendant shall not possess a firearm, 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 .) II If this judgment imposes a fine or restitution, it is a condition of probation 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 any additional conditions on the attached page .

STANDARD CONDITIONS OF SUPERVISIO N

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 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 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.

AO 245B (Rev 12 /03) Judgment in a Criminal Case : Judgment - Page 3 of 5 Sheet 4C - Probation DEFENDANT: Kenneth Larry Waugh

CASE NUMBER: CR206-00009-00 1

SPECIAL CONDITIONS OF SUPERVISION

1 . The defendant shall submit to twenty-four hours of home confinement, as directed by the Probation Officer .

ACKNOWLEDGMEN T

Upon finding of a violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision . These conditions have been read to me . I fully understand the conditions and have been provided a copy of them .

(Signed) _ Defendant Dat e U. S . Probation Officer/Designated Witness Date

AO 245B (Rev 12/03) Judgment in a Criminal Case : Judgment-Page 4 of 5 Sheet 5 - Criminal Monetary Penaltie s DEFENDANT: Kenneth Larry Waugh

CASE NUMBER: CR206-00009-00 1

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6 . Assessment Fine Restitutio n Totals : $25 .00 $300 .00 The determination of restitu ti on is deferred until ; An Amended Judgment in a Criminal Case (AO 245C) will be entered after such a determination. The defendant must make restitution (including community restitution) to the following payees in the amounts 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 column below . However, pursuant to 18 U.S .C . § 3664(i), all nonfederal victims must be paid before the United States is paid .

Name of Payee Total Loss* Restitution Ordered Priority or Percentag e Totals : Restitution amount ordered pursuant to plea agreement $ 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 judgment , pursuant to 18 U .S .C . § 3612(f) . All of the payment op ti ons on Sheet 6 maybe subject to penal ti es 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 for the [ ] fine [ ] restitution is modified as follows :

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996 . AO 245B (Rev 12/ 03) Judgment in a C ri minal Case : Judgment - Page 5 of 5

Sheet 6 - C ri minal Moneta ry Penaltie s DEFENDANT: Kenneth Larry Waugh

CASE NUMBER: CR206-00009-001

SCHEDULE OF PAYMENT S

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows : A [X] Lump sum payment of $ 25 .00 due within 30 days from March 16, 2006, balance du e

[] not later than ; o r [X] in accordance with [ ] C, [ ] D, [ ] E, or [X] F below ; o r

B[ ] Payment to begin immediately (maybe 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, quarterly) installments of $ over a period of ` (e .g ., months or years), to commence _(e .g ., 30 or 60 days) after release from imprisonment to a term of supervision ; o r E[ ] Payment during the term of supervised release will commence within _ (eg ., 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 [X] Special instructions regarding the payment of criminal monetary penalties : The defendant shall make monthly payments in an amount of at least $75 .00 a month beginning April 17, 2006 . Payments are to be paid to the Clerk, United States District Court . Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment . All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' 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 .

Joint and Several

II

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

The defendant shall pay the cost of prosecution . The defendant shall pay the following court cost(s) : 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) 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

SOUTHERN DISTRICT OF GEORGIA

IN RE: U .S.A. v. KENNETH LARRY WAUGH CASE NO : CR206- 9 The undersigned, a regularly appointed and qualified deputy in the office of the Clerk of this district, while conducting the business of the Court for said division, does hereby certify the following :

1 : Pursuant to instructions from the Court, and in the performance of my official duties, I personally placed in the U . S. Mail a sealed envelope bearing the lawful frank of the Court, and properly addressed to each of the person, parties or attorneys named below ; an d

2: That the aforementioned envelope(s) contained a copy of the document dated March 21, 2006, which is part of the official records of this case.

Date of Mailing : March 21, 2006 Date of Certificate : March 21, 2006

SCOTT L. POFF, CLERK

By:

A'

Deputy Clerk Magistrate Judge Graham Minutes 1 . Ryan J . Sears, JAGC, USNR,Kings Bay Naval Submarine Base CM5,1063 USS Tennessee

AvenueAve .,Kings Bay, GA 31547-2606 , 2. William R. Ashe, P . O. Box 607, Woodbine, GA 3156 9 3 . U. S. Marshals Service, P . O. Box 9765, Savannah, GA 3141 2 4. U. S. Probation, 801 Gloucester St ., Brunswick, GA 31521 (Hand delivered) 5 . Diane Tremble, office of U . S. Attorney, P . O. Box 8999, Savannah, GA 31412 6. Mike Turcks, Sub Base Security Detachment, NSB, Kings Bay, GA 31547-0500 7. Frank J . DiMarino, P . O. Box 8999, Savannah, GA 3141 2 8 . Dept . of Public Safety, Driver License Ticket Coding, P . O. Box 1456,

Atlanta, GA 30371-2303 9 . Kenneth L. Waugh, 3913 Running Creek Court, Jacksonville, FL 32256