USA v. Bentz
Criminal

JUDGMENT as to Brian Albert Bentz (1), Count(s) 1, The defendant is SENTENCED ON COUNT 1 IN THE INDICTMENT TO THE CUSTODY OF THE B.O.P for a term of 48 months, followed with 5 years supervised release with standard and special conditions. Fine waived, special assessment $100 due immediately. Count(s) 2, DISMISSED ON GOVT MOTION. Signed by Judge Susan P. Watters on 12/19/2018. (original with SOR to USPO shelf)

District of Montana, mtd-1:2017-cr-00116-56343

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Document 37 Filed 12 / 19 / 18 Page 1 of 7 AO 245B (Rev. 02 / 18) Case 1: 17 - cr - 00116 - SPW Judgment in a Criminal Case Sheet1 UNITED STATES DISTRICT COURT District of Montana UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE Brian Albert Bentz Case Number: CR 17 - 116 - BLG - SPW USM Number: 16995 - 046 Larry Jent (appointed) Defendant's Attorney THE DEFENDANT: pleaded guilty to count (s) 1 pleaded nolo contendere to count (s) which was accepted by the court. was found guilty on count (s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Nature of Offense Offense Ended Count Title & Section 21usc846, 841b1A Conspiracy to possess with the intent to distribute and to 4 / 7 / 2016 distribute methamphetamine 7 of this judgment. The sentence is imposed pursuant to The defendant is sentenced as provided in pages 2 through the Sentencing Reform Act of 1984. The defendant has been found not guilty on count (s) Count (s) 2 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. 12 / 19 / 2018 Date of Imposition of Judgment Damen P Letter Signature of Judge FILED DEC 19 2018 Susan P. Watters, District Judge Name and Title of Judge Clerk, US Districi Court District of Montana - Billings 12 / 19 / 2018 Date Document 37 Filed 12 / 19 / 18 Page 2 of 7 Case 1: 17 - cr - 00116 - SPW AO 245B (Rev. 02 / 18) Judgment in Criminal Case Sheet 2 - Imprisonment Judgment - Page 2 of DEFENDANT: Brian Albert Bentz CASE NUMBER: CR 17 - 116 - BLG - SPW IMPRISONMENT The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: 48 months The court makes the following recommendations to the Bureau of Prisons: The defendant participate in RDAP. The defendant be placed at FCI Englewood. 0 The defendant is remanded to the custody of thc United States Marshal. O The defendant shall surrender to the United States Marshal for this district: on at a. m. Op. m. as notified by the United States Marshal. o The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: O before 2 p. m. on as notified by the United States Marshal. as notified by the Probation or Pretrial Services Office. as RETURN I have exccuted this judgment as follows: Defendant delivered on, with a certificd copy of this judgment. UNITED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL AO 245B (Rev. 02 / 18) Judgment in a Criminal Case Sheet 3 - Supervised Release Judgment — Page 3 of T DEFENDANT: Brian Albert Bentz CASE NUMBER: CR 17 - 116 - BLG - SPW SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised relcasc for a term of: 5 years MANDATORY CONDITIONS 3. 4. You must not commit another federal, state or local crime. You must not unlawfully possess a controlled substance. You must refrain from any unlawful use of a controlled substance. You must submit to onc drug test within 15 days of relcase from imprisonment and at least two periodic drug tests thereafter, as determined by the court. The above drug testing condition is suspended, bascd on the court's determination that you pose a low risk of future substance abuse. (check if applicable) 0 You must make restitution in accordance with 18U.S. C. $ $ 3663 and 3663A or any other statute authorizing a sentence of restitution. (check if applicable) You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable) You must comply with the requirements of the Sex Offender Registration and Notification Act (34U.S. C. $ 20901, et seq .) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable) You must participate in an approved program for domestic violence. (check if applicable) S. 7. You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached page. Document 37 Filed 12 / 19 / 18 Page 4 of 7 Casę 1: 17 - cr - 00116 - SPW AO 245B (Rev. 02 / 18) Judgment in a Criminal Case Sheet 3A - Supervised Release Judgment - - Page _ _ 4 of _ DEFENDANT: Brian Albert Bentz CASE NUMBER: CR 17 - 116 - BLG - SPW STANDARD CONDITIONS OF SUPERVISION As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed because they establish the basic expectations for your behavior while on supervision and identify thc minimum tools nccded by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition. . 1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer. You must answer truthfully the questions asked by your probation officer. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observcs in plain view. You must work full time (at least 30 hours per week) at a lawful type of employment, unless thc probation officer excuses you from doing so. If you do not have full - time employment you must try to find full - time cmployment, unless thc probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer. 9. if you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i. c ., anything that was designed, or was modified for the specific purpose of causing bodily injury or death to another person such as nunchakus or tascrs) . 11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court. 12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk. 13. You must follow the instructions of the probation officer related to the conditions of supervision .U.S. Probation Office Use Only AU.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised Release Conditions, available at: www. uscourts. gov. Defendant's Signature Date AO 245B (Rev. 02 / 18) Judgmentén a Criminal, Cass. 116 - SPW Document 37 Filed 12 / 19 / 18 Page 5 of 7 Judgment — Page - " EL 5 of 1 DEFENDANT: Brian Albert Bentz CASE NUMBER: CR 17 - 116 - BLG - SPW SPECIAL CONDITIONS OF SUPERVISION 1. The defendant will provide the United States Probation Officer with any requested financial information and shall incur no new lines of credit without prior approval of the United States Probation Officer. You must notify the Probation Officer of any material changes in your economic circumstances that might affect your ability to pay restitution, fines or special assessments. 2. The defendant shall participate in a program for mental health treatment as deemed necessary by the United States Probation Officer, until such time as the defendant is released from the program by the probation officer. The defendant is to pay part or all of the cost of this treatment, as directed by the United States Probation Office. 3. The defendant shall submit their person, residence, place of employment, vehicles, and papers, to a search, with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition of release. Failure to submit to search may be grounds for revocation. The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition. The defendant shall allow seizure of suspected contraband for further examination. 4. The defendant shall participate in and successfully complete a program of substance abuse treatment as approved by the United States Probation Office, until the defendant is released from the program by the probation officer. The defendant is to pay part or all of the cost of this treatment, as directed by the United States Probation Office. 5. The defendant shall participate in substance abuse testing, to include not more than 365 urinalysis tests, not more than 365 breathalyzer tests, and not more than 36 sweat patch applications annually during the period of supervision. The defendant shall pay all or part of the costs of testing as directed by the United States Probation Office. 6. The defendant shall not possess, ingest or inhale any toxic substances such as, but not limited to, synthetic marijuana, kratom and / or synthetic stimulants such as bath salts and spice, that are not manufactured for human consumption, for the purpose of altering the defendant's mental or physical state. 7. The defendant shall not purchase, possess, use, distribute or administer marijuana, or obtain or possess a medical marijuana card or prescription. of - AO 245B (Rev. 02 / 18) Judgmentgina Crimina Gag0116 - SPW Document 37 Filed 12 / 19 / 18 Page 6 of 7 Sheet 5 Criminal Monetary Penalties Judgment - Page 6 DEFENDANT: Brian Albert Bentz CASE NUMBER: CR 17 - 116 - BLG - SPW CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penaltics under the schedule of payments on Sheet 6. Assessment JVTA Assessment * Fine Restitution TOTALS $ 100. 00. An Amended Judgment in a Crimi