United States District Court, W.D. Pennsylvania
September 14, 2005.
UNITED STATES OF AMERICA
The opinion of the court was delivered by: GUSTAVE DIAMOND, Senior District Judge
JUDGMENT IN A CRIMINAL CASE
X pleaded guilty to count(s) One and Two of the Indictment
? pleaded nolo contendere to count(s)
___________________________________________ which was accepted by
? was found guilty on count(s)
___________________________________________________ after a plea
of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is
guilty of the following offense(s):
Date Offense Count
Title & Section Nature of Offense Concluded Number(s)
18 USC § 2113(a) Bank Robbery Dec. 17, 2003 One
18 USC § 2113(d) Armed Bank Robbery Dec. 17, 2003 Two
The defendant is sentenced as provided in pages 2 through 6
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)
? Count(s) _______________________ ? is ? are dismissed on the motion of the United States.
? The mandatory special assessment is included in the portion
of this Judgment that imposes a fine.
X It is Ordered that the defendant shall pay to the United
States a special assessment of $200.00
which shall be due immediately.
IT IS FURTHER ORDERED that the defendant shall 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 shall notify the court and United States attorney of
any material change in the defendant's economic circumstances. IMPRISONMENT
X The defendant is hereby committed to the custody of the
United States Bureau of Prisons to be imprisoned for a total term
of sixty-three (63) months at each of Counts One and Two of the
Indictment to be served concurrently. No fine. No costs.
X The court makes the following recommendations to the Bureau
1. That defendant be permitted to participate in the
Bureau of Prisons' Inmate Financial Responsibility
program for the purpose of making incremental
payments toward the outstanding balance of the
2. That defendant be incarcerated at FCM-Rochester,
MN for psychiatric treatment; and
3. That defendant be permitted to participate in a
program of testing and, if necessary, treatment for
substance and alcohol abuse.
X The defendant is remanded to the custody of the United States
The defendant shall surrender to the United States Marshal for
this district if she has not received notice prior to May 12,
? at ___________________ ? a.m. ? p.m. On ________________________.
? as notified by the United States Marshal.
? The defendant shall surrender for service of sentence at the
institution designated by the Bureau of Prisons:
? before 2 p.m. on _________________.
as notified by the United States Marshal.
? as notified by the Probation or Pretrial Services
I have executed this judgment as follows:
Defendant delivered on _________________________ to ________________________
at _____________________________, with a certified copy of this judgment.
UNITED STATES MARSHAL
DEPUTY UNITED STATES MARSHAL SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on
supervised release for a term of three (3) years at Count One of
the Indictment and five (5) years at Count Two of the Indictment
to be served concurrently.
While on supervised release, the defendant shall not commit
another Federal, state or local crime and shall not illegally
possess a controlled substance. The defendant shall comply with
the standard conditions that have been adopted by the court (set
forth on the following page). If this judgment imposes a
restitution obligation, it shall be a condition of supervised
release that the defendant pay any such restitution that remains
unpaid at the commencement of the term of supervised release. The
defendant shall comply with the following additional conditions:
X The defendant shall 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 pay any fines that remain unpaid at the
commencement of the term of supervised release.
X The defendant shall not possess a firearm or destructive
device, or any other dangerous weapon.
X The defendant shall cooperate in the collection of DNA as
directed by the probation officer.
? The defendant shall register with the state sex offender
registration agency in the state where the defendant resides,
works, or is directed by the probation officer.
? The defendant shall participate in an approved program for
X Additional conditions (See below)
For offenses committed on or after September 13, 1994:
The defendant shall refrain from any unlawful use of a
controlled substance. The defendant shall submit to one drug test
within 15 days of release from imprisonment and at least two
periodic drug tests thereafter, as directed by the probation
? The above drug testing condition is suspended, based on the
court's determination that the defendant poses a low risk of
future substance abuse.
1. Defendant shall not possess a firearm or destructive device;
2. Defendant shall not use or possess controlled substances
except as prescribed by a licensed medical practitioner for a
legitimate medical purpose;
3. Defendant shall make periodic payments of at least ten
percent (10%) of his gross monthly income toward the outstanding
balance of restitution unless the probation office demonstrates
to the court that the payment of a lessor amount is warranted
under the circumstances. Payments shall be made in such amounts
and at such times as directed by the probation office and
approved by the court;
4. Defendant shall not incur new credit charges or open
additional lines of credit without the approval of the probation
5. Defendant shall provide the probation officer with access to
any requested financial information;
6. Defendant shall notify the United States Attorney for this
district within 30 days of any change of residence or mailing
address that occurs while any portion of the restitution remains
7. Defendant shall participate in a program of testing and, if
necessary, treatment for substance abuse as directed by the
probation officer, until such time as the defendant is released
from the program by the probation officer. Further, the defendant
shall be required to contribute to the costs of services for any
such treatment in an amount determined by the probation officer
but not to exceed the actual cost. The defendant shall submit to
one drug urinalysis within 15 days after being placed on
supervision and at least two periodic tests thereafter;
8. Defendant shall participate in a mental health treatment
program as directed by the probation officer, until such time as
the defendant is released from the program by the probation
9. Defendant shall cooperate in the collection of DNA as
directed by the probation officer. STANDARD CONDITIONS OF SUPERVISION
While the defendant is on probation or supervised release
pursuant to this Judgment:
1) the defendant shall not commit another Federal,
state or local crime;
2) the defendant shall not leave the judicial
district without the permission of the court or
3) the defendant shall report to the probation
officer as directed by the court or probation officer
and shall submit a truthful and complete written
report within the first five days of each month;
4) the defendant shall answer truthfully all
inquiries by the probation officer and follow the
instructions of the probation officer;
5) the defendant shall support his or her dependents
and meet other family responsibilities;
6) the defendant shall work regularly at a lawful
occupation unless excused by the probation officer
for schooling, training, or other acceptable reasons;
7) the defendant shall notify the probation officer
within seventy-two hours of any change in residence
8) the defendant shall refrain from excessive use of
alcohol and shall not purchase, possess, use,
distribute, or administer any narcotic or other
controlled substance, or any paraphernalia related to
such substances, except as prescribed by a physician;
9) the defendant shall not frequent places where
controlled substances are illegally sold used,
distributed, or administered;
10) 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
11) 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 by the probation officer;
12) the defendant shall notify the probation officer
within seventy-two hours of being arrested or
questioned by a law enforcement officer;
13) 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
14) 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 of characteristics, and shall
permit the probation officer to make such
notifications and to confirm the defendant's
compliance with such notification requirement.
These conditions are in addition to any other
conditions imposed by this Judgment. RESTITUTION, FORFEITURE, OR OTHER PROVISIONS OF THE JUDGMENT
X The defendant shall make restitution to the following persons
in the following amounts:
NAME OF PAYEE AMOUNT OF RESTITUTION
National City Bank $2,127.00
1801 Fifth Avenue
Arnold, PA 15068
Payments of restitution are to be made to:
? the United States Attorney for transfer to the
X Clerk, U.S. District Court, for transfer to the
Restitution shall be paid:
? in full immediately.
? in full no later than
? in equal monthly installments over a period of
months. The first payment is due on the date of this
judgment. Subsequent payments are due monthly
X in installments according to the following schedule
The defendant shall pay interest on any fine more than $2,500,
unless the fine is paid in full before the fifteenth day after
the date of judgment, pursuant to 18 U.S.C. § 3612(f) and may be
subject to penalties for default and delinquency pursuant to
18 U.S.C. § 3612(g).
X The Court has determined that the defendant does not have the
ability to pay interest. It is Ordered that:
X the interest is waived.
? the interest requirement is modified as follows:
Any payment shall be divided among the payees named unless
otherwise specified here.
? The defendant is ordered to forfeit the following property
to the United States: Defendant shall make periodic payments toward the outstanding
balance of restitution pursuant to his participation in the
Bureau of Prisons' Inmate Financial Responsibility Program.
Defendant in conjunction with the Bureau of Prison staff
personnel shall develop a financial plan in accordance with
28 C.F.R. § 545.11(a) and defendant shall make payments in
accordance with 28 C.F.R. §§ 545.11(b)(1) or (2) as appropriate
based upon the type of work provided the Bureau. Defendant shall
comply with all directives issued by the Warden pursuant to
his/her discretion under 28 C.F.R. § 545.11. During the term of
supervised release defendant shall make periodic payments in such
amounts and at such times as directed by the probation office and
approved by the court. The probation office shall address the
defendant's (1) financial resources and assets, (2) earnings and
income and (3) financial obligations as they then exist in
submitting any recommended payment schedule for court approval.
The payments shall be at least ten percent (10%) of defendant's
gross monthly income unless the probation office demonstrates to
the court that the payment of a lessor amount is warranted under
the circumstances. The outstanding balance of restitution shall
not be subject to interest.
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