Opinion
Case No. 4:07CR00022 JLH USM No. 25429-009
04-04-2013
UNITED STATES OF AMERICA v. DESMOND FINLEY
Latrece E. Gray Defendant's Attorney
Judgment in a Criminal Case
(For Revocation of Probation or Supervised Release)
Latrece E. Gray
Defendant's Attorney
THE DEFENDANT:
X admitted guilt to violation of condition(s) General, 2, 11, 18, 19_of the term of supervision. [ ] was found in violation of condition(s) ____________________________ after denial of guilt. The defendant is adjudicated guilty of these violations:
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Violation Ended ¦ +------------------+----------------------------------------+-----------------¦ ¦General ¦Violation of federal, state, or local ¦January 21, 2013 ¦ ¦ ¦law ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦General ¦Unlawful use of controlled substance ¦February 27, 2013¦ +------------------+----------------------------------------+-----------------¦ ¦Standard (2) ¦Failure to follow instructions of ¦February 27, 2013¦ ¦ ¦probation officer ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦Standard (11) ¦Failure to notify probation officer ¦January 31 2013 ¦ ¦ ¦within 72 hours of arrest ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦Special (18) ¦Failure to make restitution payments as ¦February 2013 ¦ ¦ ¦directed ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦Special (19) ¦Failure to participate in drug treatment¦March 5, 2013 ¦ ¦ ¦program as directed ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. [ ] The defendant has not violated condition(s) ___ and is discharged as to such violation(s) condition.
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. Last Four Digits of Defendant's Soc. Sec. No.: 8052 Defendant's Year of Birth: 1966 City and State of Defendant's Residence:
Little Rock, Arkansas
April 4, 2013
Date of Imposition of Judgment
____________________________
Signature of Judge
J. Leon Holmes , United States District Judge
Name and Title of Judge
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:
12 MONTHS and ONE (1) DAY with no term of supervised release to followX The court makes the following recommendations to the Bureau of Prisons:
The Court recommends placement in the FCI Forrest City, Arkansas, facility so as to remain near his family.X 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 ____________________________ [ ] 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 Office.
RETURN
I have executed this judgment as follows:
____________________________
Defendant delivered on ____________________________ to ____________________________ at ____________________________ with a certified copy of this judgment.
____________________________
UNITED STATES MARSHAL
By ____________________________
DEPUTY UNITED STATES MARSHAL
CRIMINAL MONETARY PENALTIES
The defendant must pay the following total criminal monetary penalties under the schedule of payments set forth on Sheet 6.
+---------------------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +--------+------------+------+----------------------¦ ¦TOTALS ¦$ 0 ¦$0 ¦$ 2,019.12 - REIMPOSED¦ +---------------------------------------------------+ [ ] The determination of restitution is deferred until ___. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. [ ] The defendant shall 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 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 Percentage ¦ +---------------+---------------+---------------------+------------------------¦ ¦TOTALS ¦$ 0 ¦$ 0 ¦ ¦ +------------------------------------------------------------------------------+ [ ] Restitution amount ordered pursuant to plea agreement $ ___ [ ] The defendant must pay interest on restitution or a fine 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(ft. 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). [ ] The court determined that the defendant does not have the ability to pay interest and it is ordered that:
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.
[ ] the interest requirement is waived for the [ ] fine [ ] restitution.
[ ] the interest requirement for the [ ] fine [ ] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows: A [ ] Lump sum payment of $ ___ due immediately, balance due
[ ] not later than _ , or
[ ] in accordance [ ] C, [ ] D, [ ] E, or [ ] F below); or B [ ] 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, 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; 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. F X Special instructions regarding the payment of criminal monetary penalties:
During incarceration, defendant will pay 50 percent per month of all funds that are available to him. During community confinement placement, payments will be 10 percent per month of the defendant's monthly gross income. The interest requirement is waived.Unless the court has expressly ordered otherwise in the special instruction above, 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
Defendant and Co-Defendant Names and Case Numbers (including defendant number), 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.