USA v. McCormick
Criminal

District of Nebraska, ned-8:2005-cr-00225-35071

JUDGMENT (For Revocation of Supervised Release) as to defendant Thomas Patrick McCormick. Defendant admitted guilt to violation o the Mandatory condition of the term of supervision and is sentenced to Time Served; Supervised release shall be continu ed and is scheduled to conclude on February 20, 2013 with special conditions; $350.00 Special Assessment (paid). Ordered by Chief Judge Joseph F. Bataillon. (4 Certified copy to USM)(MKR) Modified on 9/25/2009 to correct special assessment

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8:05-cr-00225-JFB-TDT Doc # 26 Filed: 09/23/09 Page 1 of 5 - Page ID # 58 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA Plaintiff v. Case Number 8:05cr225-001 USM Number 05592-047 THOMAS PATRICK MCCORMICK Defendant JESSICA P. DOUGLAS Defendant's Attorney ___________________________________ JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) THE DEFENDANT admitted guilt to violation of the Mandatory condition which states the defendant shall, at the direction of the U.S. Probation Officer ad participate in and complete a program approved by that office for treatment of narcotic addiction or drug dependency. 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 complete treatment August 19, 2009 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 bff 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: September 18, 2009 s/ Joseph F. Bataillon United States District Judge September 23, 2009 8:05-cr-00225-JFB-TDT Doc # 26 Filed: 09/23/09 Page 2 of 5 - Page ID # Page Defendant: THOMAS PATRICK MCCORMICK 59 2 of 5 Case Number: 8:05cr225-001 IMPRISONMENT The defendant is hereby sentenced to a term of Time Served. 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-00225-JFB-TDT Doc # 26 Filed: 09/23/09 Page 3 of 5 - Page ID # Page Defendant: THOMAS PATRICK MCCORMICK 60 3 of 5 Case Number: 8:05cr225-001 SUPERVISED RELEASE The defendant's supervised release shall be continued and is scheduled to conclude on February 20, 2013. 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 shall, at the direction of the U.S. Probation Office, participate in and complete a program approved by that office for treatment of narcotic addiction or drug dependency. The defendant shall, at the direction of the U.S. Probation Office, participate in a psychological and psychiatric counseling or treatment program approved by that office. 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; 8:05-cr-00225-JFB-TDT Doc # 26 Filed: 09/23/09 Page 4 of 5 - Page ID # Page Defendant: THOMAS PATRICK MCCORMICK 61 4 of 5 Case Number: 8:05cr225-001 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. 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. Defendant is to immediately enroll and participate in an intensive outpatient treatment program for alcohol addition. 3. 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. 4. 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-00225-JFB-TDT Doc # 26 Filed: 09/23/09 Page 5 of 5 - Page ID # Page Defendant: THOMAS PATRICK MCCORMICK 62 5 of 5 Case Number: 8:05cr225-001 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 $350.00 (paid) FINE No fine imposed. RESTITUTION No restitution was ordered. 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