USA v. Pike et al
Criminal

District of Nebraska, ned-8:2004-cr-00342-32259

AMENDED JUDGMENT for Revocation of Probation or Supervised Release as to Charles S. Swift (2): Defendant admitted guilt to Allegation #2 as set out on the record during the hearing held on September 24, 2009 and is committed to custody of Bureau of P risons for a term of thirty (30) days, with credit for time served from 9/10/2009; no term of supervised release is imposed; $100.00 special assessment(paid); $5,881.54 restitution (balance of $5,551.54 remains due and payable) jointly and severally with Randall S. Pike in 8:04cr342; Allegation 1 of the Petition is dismissed on the motion of the United States as to this defendant only as to defendant Charles S. Swift. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM)

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8:04-cr-00342-JFB-TDT Doc # 114 Filed: 10/28/09 Page 1 of 4 - Page ID # 343 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA Plaintiff v. Case Number 8:04cr342-002 USM Number 19715-047 CHARLES S. SWIFT Defendant MICHAEL F. MALONEY Defendant's Attorney ___________________________________ AMENDED JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release- Amended to correct amount of restitution owed) THE DEFENDANT admitted guilt to Allegation #2 as set out on the record during the hearing held on September 24, 2009. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense: Date Violation Violation Number Nature of Violation Concluded 2 Failure to comply with community July 18, 2009 corrections rules 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. Allegation 1 of the Petition is dismissed on the motion of the United States as to this defendant only. 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 24, 2009 s/ Joseph F. Bataillon United States District Judge October 28, 2009 8:04-cr-00342-JFB-TDT Doc # 114 Filed: 10/28/09 Page 2 of 4 - Page ID # 344 Defendant: CHARLES S. SWIFT Page 2 of 4 Case Number: 8:04cr342-002 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of thirty (30) days, with credit for time served from 9/10/2009. (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:__________________________________ 8:04-cr-00342-JFB-TDT Doc # 114 Filed: 10/28/09 Page 3 of 4 - Page ID # 345 Defendant: CHARLES S. SWIFT Page 3 of 4 Case Number: 8:04cr342-002 SUPERVISED RELEASE 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) $5,881.54 A balance of $5,551.54 remains due and payable FINE No fine imposed. RESTITUTION Restitution in the amount of $5,881.54 is hereby ordered. A balance of $5,551.54 remains due and payable. The defendant shall make restitution to the following payees in the amounts listed below. Restitution shall be paid jointly and severally with co-defendant Randall S. Pike. 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 Household Bank $5,881.54 $5881.54 Priority Attn: Gladys Hall Order/Percentage Refund Lending Totals $5,881.54 $5,881.54 **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. 8:04-cr-00342-JFB-TDT Doc # 114 Filed: 10/28/09 Page 4 of 4 - Page ID # 346 Defendant: CHARLES S. SWIFT Page 4 of 4 Case Number: 8:04cr342-002 SCHEDULE OF PAYMENTS The special assessment in the amount of $100.00 has been paid in full. 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. Without limiting the foregoing, and during the defendant's term of incarceration, the defendant shall participate in the Bureau of Prisons' Financial Inmate Responsibility Program. Using such Program, the defendant shall pay 50% of the available inmate institutional funds per quarter towards the criminal monetary penalty. Without limiting the foregoing, and following release from prison, the defendant shall make payments to satisfy the criminal monetary penalty in the following manner: (a) monthly installments of $100 or 3% of the defendant's gross income, whichever is greater; (b) the first payment shall commence 30 days following the defendant's discharge from incarceration, and continue until the criminal monetary penalty is paid in full; and (c) the defendant shall be responsible for providing proof of payment to the probation officer as directed. 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. Restitution is hereby ordered jointly and severally with: Randall S. Pike, 8:04cr342, $5,881.54. 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