USA v. Birdhead
Criminal

District of Nebraska, ned-8:2005-cr-00427-36399

JUDGMENT (Revocation of Probation or Supervised Release) as to William R. Birdhead (1). The defendant admitted guilt to allegations 1 and 2 and shall participate in the Home Confinement program under electronic monitoringfor a period of 150 consecut ive days and shall be given credit for time served; supervised release for a term of 2 years and is scheduled to conclude on 7/1/2011; $100 special assessment (paid); allegations 2 through 4 are withdrawn on motion of the United States as to defendant William R. Birdhead. Ordered by Chief Judge Joseph F. Bataillon. (1 certified copy to USM)

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8:05-cr-00427-JFB-FG3 Doc # 47 Filed: 10/15/09 Page 1 of 5 - Page ID # 103 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA Plaintiff v. Case Number 8:05cr427-001 USM Number 20526-047 WILLIAM R. BIRDHEAD Defendant KAREN M. SHANAHAN Defendant's Attorney ___________________________________ JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) THE DEFENDANT admitted guilt to special condition 7 and the modified condition which states the defendant shall participate in home confinement. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense: Date Violation Violation Number Nature of Violation Concluded 1 Failure to report for drug testing September 22, 2009 2 Failure to comply with home September 18, 2009 confinement conditions 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 and Booker/FanFan decisions. Allegations 2 through 4 are withdrawn on motion of the United States. Following the imposition of sentence, the Court advised the defendant of the right to appeal pursuant to the provisions of Fed. R. Crim. P. 32 and the provisions of 18 U.S.C. § 3742 (a) and that such Notice of Appeal must be filed with the Clerk of this Court within ten (10) days of this date. IT IS 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. Date of Imposition of Sentence: October 6, 2009 s/ Joseph F. Bataillon United States District Judge October 15, 2009 8:05-cr-00427-JFB-FG3 Doc # 47 Filed: 10/15/09 Page 2 of 5 - Page ID # 104 Defendant: WILLIAM R. BIRDHEAD Page 2 of 5 Case Number: 8:05cr427-001 IMPRISONMENT The defendant shall participate in the Home Confinement program under electronic monitoring for a period of 150 consecutive days and shall be given credit for time served. The Court makes the following recommendations to the Bureau of Prisons: 1. Defendant shall be given credit for time served. (X) The defendant is shall self surrender for his sentence on June 29, 2009. ACKNOWLEDGMENT OF RECEIPT I hereby acknowledge receipt of a copy of this judgment this ____ day of ____________, ______ _____________________________ Signature of Defendant RETURN It is hereby acknowledged that the defendant was delivered on the ____ day of _______________, _____ to _________________________________, with a certified copy of this judgment. __________________________________ UNITED STATES WARDEN By:__________________________________ NOTE: The following certificate must also be completed if the defendant has not signed the Acknowledgment of Receipt, above. CERTIFICATE It is hereby certified that a copy of this judgment was served upon the defendant this ____ day of _______________, ______ __________________________________ UNITED STATES WARDEN By:__________________________________ 8:05-cr-00427-JFB-FG3 Doc # 47 Filed: 10/15/09 Page 3 of 5 - Page ID # 105 Defendant: WILLIAM R. BIRDHEAD Page 3 of 5 Case Number: 8:05cr427-001 SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of two (2) years and is scheduled to conclude on 7/1/2011. 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 not commit another federal, state or local crime. The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. 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. If this judgment imposes a fine or restitution, it is 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 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 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; 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 8:05-cr-00427-JFB-FG3 Doc # 47 Filed: 10/15/09 Page 4 of 5 - Page ID # 106 Defendant: WILLIAM R. BIRDHEAD Page 4 of 5 Case Number: 8:05cr427-001 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 1. The defendant shall cooperate in the collection of DNA as directed by the probation officer, pursuant to the Public Law 108-405 (Revised DNA Collection Requirements Under the Justice for All Act of 2004), if such sample was not collected during imprisonment. 2. Paragraph # 7 of the Standard Conditions of supervision is modified, i.e., instead of merely refraining from excessive use of alcohol, the defendant shall not purchase or possess, use, distribute, or administer any alcohol, just the same as any other narcotic or controlled substance. 3. The defendant shall be subject to the search of the defendant's premises, vehicle or person, day or night, with or without a warrant, at the request of the probation officer to determine the presence of alcohol and/or controlled substances, firearms or any other contraband. Any such items found may be seized by the probation officer. This condition may be invoked with or without the cooperation of law enforcement officers. 4. The defendant shall attend, pay for and successfully complete any diagnostic evaluations, treatment or counseling programs, or approved support groups (e.g., AA/NA) for alcohol and/or controlled substance abuse, as directed by the probation officer. 5. The defendant shall participate in the Home Confinement program under electronic monitoring for a period of 150 consecutive days. Home confinement shall commence according to a schedule arranged by the home confinement specialist. The defendant shall comply with the provisions of the Home Confinement Participant Agreement and shall pay for the costs of electronic monitoring. 6. The defendant shall participate in a victim awareness program as directed by the probation officer. Based on the defendant's ability to pay, the defendant shall pay for the costs of the program in an amount determined by the probation officer. 7. The defendant shall provide the probation officer with access to any requested financial information. 8. Pursuant to 18 U.S.C. § 3583 (d), the defendant shall submit to a drug test within fifteen (15) days of release on supervised release and at least two (2) periodic drug tests thereafter to determine whether the defendant is using a controlled substance. Further, the defendant shall submit to such testing as requested by any probation officer to detect the presence of alcohol or controlled substances in the defendant's body fluids and to determine whether the defendant has used any of those substances. Based on the defendant's ability to pay, the defendant shall pay for the collection of urine samples to be tested for the presence of alcohol and/or controlled substances in an amount to be determined by the probation officer. 9. The defendant shall report to the Supervision Unit of the U.S. Probation Office for the District of Nebraska between the hours of 8:00 a.m. and 4:30 p.m., 111 South 18th Plaza, Suite C79, Omaha, Nebraska, (402) 661-7555, within seventy-two (72) hours of release from confinement, and, thereafter, as directed by the probation officer. 8:05-cr-00427-JFB-FG3 Doc # 47 Filed: 10/15/09 Page 5 of 5 - Page ID # 107 Defendant: WILLIAM R. BIRDHEAD Page 5 of 5 Case Number: 8:05cr427-001 CRIMINAL MONETARY PENALTIES The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth in this judgment. Total Assessment Total Fine Total Restitution $100.00 PAID The Court has determined that the defendant does not have the ability to pay interest and it is ordered that: interest requirement is waived. FINE No fine imposed. RESTITUTION No restitution was ordered. SCHEDULE OF PAYMENTS The special assessment in the amount of $100.00 has been paid in full. CLERK'S OFFICE USE ONLY: ECF DOCUMENT I hereby attest and certify this is a printed copy of a document which was electronically filed with the United States District Court for the District of Nebraska. Date Filed:__________________________________ DENISE M. LUCKS, CLERK By ______________________________________Deputy Clerk