Opinion
Case No. 4:12-cr-56-DPM USM No. 23049-047
02-26-2013
UNITED STATES OF AMERICA v. JUSTIN XAVIER NICHOLS
Molly Sullivan Defendant's Attorney
Judgment in a Criminal Case
(For Revocation of Probation or Supervised Release)
Molly Sullivan
Defendant's Attorney
THE DEFENDANT:
[√] admitted guilt to violation of condition(s) General & Special (6) 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 ¦ +------------------+----------------------------------------+-----------------¦ ¦1 ¦Using a controlled substance, a Grade C ¦10/17/2012 ¦ ¦ ¦violation ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦Failing to comply with drug treatment ¦ ¦ ¦2 ¦and drug testing, ¦01/23/2013 ¦ ¦ ¦ ¦ ¦ ¦ ¦a Grade C violation ¦ ¦ +-----------------------------------------------------------------------------+
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) Standard (2) 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.: 1921 Defendant's Year of Birth: 1989 City and State of Defendant's Residence:
West Memphis, Arkansas
02/22/2013
Date of Imposition of Judgment
___________
Signature of Judge
D.P. Marshall Jr. U.S. 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 total term of: 3 MONTHS.
[√] The court makes the following recommendations to the Bureau of Prisons:
The Court recommends designation to FCI Forrest City or the appropriate BOP facility nearest West Memphis, Arkansas, to facilitate visits by family who live there.
[√] 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
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: THREE YEARS. Nichols will spend the first THREE MONTHS of supervised release on home detention with electronic monitoring; he will spend the second THREE MONTHS under a reasonable curfew determined by the U.S. Probation Office.
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 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 release from imprisonment and at least two periodic drug tests thereafter as determined by the court. [ ] 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 [√] 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 judgment imposes a fine or restitution, it is be a condition of supervised release 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 with any additional conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
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 in a manner and frequency directed by the court or probation officer;
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.
SPECIAL CONDITIONS OF SUPERVISION
S1) Nichols must pay the cost of his electronic monitoring during the period of home detention. During that period, he may leave his home to work, to attend church, to attend any drug treatment program or event, to attend medical appointments for himself or related to his soon-to-be-born child, and to meet with his probation officer. S2) Nichols must submit his person, residence, office, or vehicle at any time to a search conducted by a United States Probation Officer; failure to submit to a search may be grounds for revocation. S3) As directed by the probation officer, Nichols must attend, pay for, and successfully complete any diagnostic evaluations, treatment or counseling programs, or approved support groups (e.g. Narcotics Anonymous) for controlled-substance abuse. S4) Nichols must provide the probation officer with access to any requested financial information. S5) Nichols must participate, under the guidance and supervision of the U.S. Probation Office, in a substance-abuse treatment program that may include drug or alcohol testing, outpatient counseling, or residential treatment. In any event, Nichols shall be subject to random drug testing throughout his supervision. S6) Upon release from confinement Nichols must report within 72 hours to the U.S. Probation Office in the district where he is released or the district where a suitable release plan has been developed.