USA v. Mitchell
Criminal

District of Nebraska, ned-8:2004-cr-00522-33546

JUDGMENT (For Revocation of Probation or Supervised Release) as to Kenneth L. Mitchell (1). The defendant admitted guilt to violation of standard conditions 5, 6, 7 and special conditions 2, 4 and 7 of the term of supervision and is committed to the custody of the Bureau of Prisons for 12 months and 1 day; and a $100 special assessment (paid). Allegations 7 and 8 are dismissed on the motion of the United States as to defendant Kenneth L. Mitchell. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM)

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8:04-cr-00522-JFB-FG3 Doc # 39 Filed: 11/07/08 Page 1 of 4 - Page ID # 98 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA Plaintiff v. Case Number 8:04cr522-001 USM Number 20718-047 KENNETH L. MITCHELL Defendant KAREN M. SHANAHAN Defendant's Attorney ___________________________________ JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) THE DEFENDANT admitted guilt to violation of standard conditions 5, 6, 7 and special conditions 2, 4 and 7 of the term of supervision. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offenses: Date Violations Violation Number Nature of Violation Concluded 1 Failure to maintain employment Ongoing 2 Failure to notify probation officer of June 16, 2008 employment change 3 Drug use July 17, 2008 4 Alcohol use July 8, 2008 5 Failure to complete treatment August 6, 2008 6 Failure to submit to drug testing August 8, 2008 The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984 and Booker/FanFan decisions. Allegations 7 and 8 are dismissed on the 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: November 5, 2008 s/ Joseph F. Bataillon United States District Judge November 7, 2008 8:04-cr-00522-JFB-FG3 Doc # 39 Filed: 11/07/08 Page 2 of 4 - Page ID # 99 Defendant: KENNETH L. MITCHELL Page 2 of 4 Case Number: 8:04cr522 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of twelve (12) months and one (1) day. The Court makes the following recommendations to the Bureau of Prisons: 1. Defendant shall be given credit for time served. (X) The defendant is remanded to the custody of the United States Marshal. 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:__________________________________ SUPERVISED RELEASE 8:04-cr-00522-JFB-FG3 Doc # 39 Filed: 11/07/08 Page 3 of 4 - Page ID # 100 Defendant: KENNETH L. MITCHELL Page 3 of 4 Case Number: 8:04cr522 No term of supervised release is imposed. 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: FINE No fine imposed. RESTITUTION No restitution was ordered. 8:04-cr-00522-JFB-FG3 Doc # 39 Filed: 11/07/08 Page 4 of 4 - Page ID # 101 Defendant: KENNETH L. MITCHELL Page 4 of 4 Case Number: 8:04cr522 SCHEDULE OF PAYMENTS Having assessed the defendant's ability to pay, the court orders that payment of the total criminal monetary penalties shall be due as follows: The special assessment in the amount of $100.00 has been paid in full. Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court, unless otherwise directed by the court, the probation officer or the United States attorney. 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. In the event a defendant is able to make a full or substantial payment toward the remaining criminal monetary penalty, he or she shall do so immediately. 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. Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine interest, (7) penalties, and (8) costs, including cost of prosecution and court costs. 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