USA v. Erickson

District of Nebraska, ned-8:2005-cr-00272-35442

JUDGMENT as to Alan Erickson. The Indictment is dismissed on the motion of the Government. The defendant plead guilty to Counts Is and IIs of the Information and is sentenced to No Term of Imprisonment; No Term of Supervised Release; $50.00 special assessment (paid in full on 1/4/07 receipt #8-2884); $50,000.00 Fine; $10,318.64 in Restitution. Criminal Case Terminated as to defendant Alan Erickson. Ordered by Judge Joseph F. Bataillon. - (1 cc to USM)

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8:05-cr-00272-JFB-FG3 Doc # 53 Filed: 01/05/07 Page 1 of 5 - Page ID # 294 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA Plaintiff v. Case Number 8:05cr272-001 USM Number 20362-047 ALAN ERICKSON Defendant MATTHEW HEFFRON Defendant's Attorney ___________________________________ JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987) THE DEFENDANT pleaded guilty to counts I and II of the Information on January 4, 2007. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offenses: Date Offense Count Title, Section & Nature of Offense Concluded Numbers 15 USC 2615(b) - Illegal Removal of Friable I Asbestos-Containing Materials 15 USC 2615(b) - Illegal Removal of Friable II Asbestos-Containing Materials 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. The Indictment is dismissed on motion of the United States. Following the imposition of sentence, the Court advised the defendant of his 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: January 4, 2007 s/Joseph F. Bataillon United States District Judge January 5,2007 8:05-cr-00272-JFB-FG3 Doc # 53 Filed: 01/05/07 Page 2 of 5 - Page ID # 295 Defendant: ALAN ERICKSON Page 2 of 5 Case Number: 8:05cr272-001 ACKNOWLEDGMENT OF RECEIPT I hereby acknowledge receipt of a copy of this judgment this ____ day of ____________, ______ _____________________________ Signature of Defendant 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-00272-JFB-FG3 Doc # 53 Filed: 01/05/07 Page 3 of 5 - Page ID # 296 Defendant: ALAN ERICKSON Page 3 of 5 Case Number: 8:05cr272-001 IMPRISONMENT No Term of Imprisonment is imposed. SUPERVISED RELEASE No Term of Supervised Release is imposed. 8:05-cr-00272-JFB-FG3 Doc # 53 Filed: 01/05/07 Page 4 of 5 - Page ID # 297 Defendant: ALAN ERICKSON Page 4 of 5 Case Number: 8:05cr272-001 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 $50.00 $50,000.00 $10,318.64 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 A Fine in the amount of $50,000.00 is imposed. The fine was paid in full on 1/4/07, receipt #8-2884 RESTITUTION Restitution in the amount of $10,318.64 is hereby ordered. The defendant shall make restitution to the following payees in the amounts listed below. The restitution was paid in full on 1/4/07, receipt #8-2884. If the defendant makes a partial payment, each payee shall receive an approximately proportional 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 in full prior to the United States receiving payment. Priority Order **Total Amount Amount of or Percentage Name of Payee of Loss Restitution Ordered of Payment State of Nebraska $3,440.00 $3,440.00 Priority Department of Health Order/Percentage and Human Services State of Nebraska $6,878.64 $6,878.64 Priority Department of Order/Percentage Environmental Quality Totals $10,318.64 $10,318.64 **Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18, United States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996. 8:05-cr-00272-JFB-FG3 Doc # 53 Filed: 01/05/07 Page 5 of 5 - Page ID # 298 Defendant: ALAN ERICKSON Page 5 of 5 Case Number: 8:05cr272-001 SCHEDULE OF PAYMENTS The special assessment in the amount of $50.00 was paid in full on 1/4/07, receipt #8-2884. The criminal monetary penalty is due in full on the date of the judgment. The defendant is obligated to pay said sum immediately if he or she has the capacity to do so. The United States of America may institute civil collection proceedings at any time to satisfy all or any portion of the criminal monetary penalty. Any payments made on the outstanding criminal monetary penalty shall be applied in the following order of priority: special assessment; restitution; fine; and other penalties. Unless otherwise specifically ordered, all criminal monetary penalty payments, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, shall be made to the clerk of the Court. Unless otherwise specifically ordered, interest shall not accrue on the criminal monetary penalty. All financial penalty payments are to be made to the Clerk of Court for the District of Nebraska, 111 S. 18th Plaza, Suite 1152, Omaha, NE 68102-1322. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. The defendant shall inform the probation officer of any change in his or her economic circumstances affecting the ability to make monthly installments, or increase the monthly payment amount, as ordered by the court. The defendant is restrained from transferring any real or personal property, unless it is necessary to liquidate and apply the proceeds of such property as full or partial payment of the criminal monetary penalty. 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