USA v. Eluett

Middle District of Florida, flmd-8:2017-cr-00173-335947

JUDGMENT as to Curtis Eluett (1), Count(s) 1, Probation: 24 months; Fine: $500; Restitution: $50; Special Assessment: $25. Signed by Judge Elizabeth A. Kovachevich on 8/31/2017. (SMB)

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Page 1 of 4 Pageld 71 ' UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA Case Number. 8: 17 - cr - 173 - T - 17JSS USM Number: 68770 - 018 CURTIS ELUETT Irina Hughes, AFPD JUDGMENT IN A CRIMINAL CASE The defendant pleaded guilty to guilty to Count One of the Information. The defendant is adjudicated guilty of these offenses: Date Offense Concluded Count Number (s): Nature of Offense Title & Section 18U.S. C. $ 1703 (b) Opening Mail Without Authority February 5, 2016 One 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. 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 shall notify the court and United States Attorney of any material change in the defendant's economic circumstances. Date of Imposition of Sentence: August 31, 2017 ELIZABETH A. KOVACHEVIGHT UNITED STATES DISTRICT JUDGE August 3 1, 2017 AO 245B (Rev. 11 / 16) Judgment in a Criminal Pageld 72 Curtis Eluett 8: 17 - cr - 173 - T - 17JSS PROBATION The defendant is hereby placed on probation for a term of TWO (2) YEARS as to Count One of the Information. While on probation, the defendant shall not commit another federal, state, or local crime. The defendant shall not illegally possess a controlled substance. If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervision that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervision in accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment. The defendant shall comply with the standard conditions that have been adopted by this court (set forth below) . The defendant shall also comply with the additional conditions on the attached page. AO 245B (Rev. 11 / 16) Judgment in a Criminal PageID 73 Curtis Eluett 8: 17 - cr - 173 - T - 17JSS STANDARD CONDITIONS OF SUPERVISION As part of your probation, 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 the minimum tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition. 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 (10) 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 by the probation officer; 11. The defendant shall notify the probation officer within seventy - two (72) 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 characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement .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. 11 / 16) Judgment in a Criminal Case Page 4 of 4 Pageld 74 Curtis Eluett 8: 17 - cr - 173 - T - 17JSS ADDITIONAL CONDITIONS OF PROBATION The defendant shall also comply with the following additional conditions of supervised release: The defendant shall perform 100 hours of community service as directed by the Probation Officer. CRIMINAL MONETARY PENALTIES The defendant must pay the following total criminal monetary penalties under the schedule of payments set forth in the Schedule of Payments. Assessment JVTA Assessment * Fine Restitution TOTALS $ 25. 00 NIA $ 500. 00 $ 50. 00 The defendant must 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 18U.S. C. $ 3664 (1), all nonfederal victims must be paid in full prior to the United States receiving payment. Name of Payee Restitution Ordered Victim: D. O $ 50. 00 SCHEDULE OF PAYMENTS Defendant shall pay restitution in the amount of $ 50. 00 to the victim, D. O ., which is due immediately. This restitution obligation shall be payable to the Clerk,U.S. District Court, for distribution to the victim. Court finds that the defendant does not have the ability to pay interest and the Court waives the interest requirement for the restitution. Defendant shall pay a fine in the amount of $ 500. 00. You shall pay $ 100 immediately and shall pay the balance in monthly payments of no less than $ 100. The Court finds that the defendant does not have the ability to pay interest and the Court waives the interest requirement for the fine. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. 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) JUTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs. * Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114 - 22. * 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. AO 245B (Rev. 11 / 16) Judgment in a Criminal Case