USA v. Schmeling

JUDGMENT as to Jolyn Schmeling. The defendant plead guilty to Count I of the Indictment and is sentenced to Probation for 5 Years with special conditions of Supervision; $100.00 Special Assessment; Restitution in the amount of $60,724.25. Criminal Case Terminated as to defendant Jolyn Schmeling. Ordered by Judge Joseph F. Bataillon. - (1 cc to USM)

District of Nebraska, ned-8:2005-cr-00239-35183

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8:05-cr-00239-JFB-FG3 Doc # 43 Filed: 01/19/07 Page 1 of 6 - Page ID # 103 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA Plaintiff v. Case Number 8:05cr239-001 USM Number 20315-047 JOLYN SCHMELING Defendant KAREN M. SHANAHAN Defendant's Attorney ___________________________________ JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987) THE DEFENDANT pleaded guilty to count I of the Indictment on October 16, 2006. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense: Date Offense Count Title, Section & Nature of Offense Concluded Number 18:657 Credit Union Fraud September 9, 2004 I 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 and Booker/FanFan decisions. 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 10, 2007 s/ Joseph F. Bataillon United States District Judge January 19, 2007 8:05-cr-00239-JFB-FG3 Doc # 43 Filed: 01/19/07 Page 2 of 6 - Page ID # 104 Defendant: JOLYN SCHMELING Page 2 of 6 Case Number: 8:05cr239-001 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-00239-JFB-FG3 Doc # 43 Filed: 01/19/07 Page 3 of 6 - Page ID # 105 Defendant: JOLYN SCHMELING Page 3 of 6 Case Number: 8:05cr239-001 PROBATION The defendant is hereby sentenced to probation for a term of five (5) Years. The defendant shall not commit another federal, state, or local crime. The defendant shall not illegally possess a controlled substance. For offenses committed on or after September 13, 1994: 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 period drug tests thereafter. The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. If this judgment imposes a fine or a restitution obligation, it shall be a condition of probation that the defendant pay any such fine or restitution 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 any additional conditions. 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; 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 8:05-cr-00239-JFB-FG3 Doc # 43 Filed: 01/19/07 Page 4 of 6 - Page ID # 106 Defendant: JOLYN SCHMELING Page 4 of 6 Case Number: 8:05cr239-001 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. The defendant shall participate in the Home Confinement Program under electronic monitoring for a period of four (4) months. Home confinement shall commence according to a schedule arranged by the Home Confinement Specialist for the District of Nebraska. The defendant shall comply with the provisions of the Home Confinement Participant Agreement for the District of Nebraska and shall pay for the costs of electronic monitoring. 3. The defendant shall be subject to the search of the defendant's premises, vehicle or person, day or night, with or without a warrant, at the request of the United States Probation officer to determine the presence of alcohol and/or controlled substances, firearms or any other contraband. Any such items found may be seized by the United States Probation officer. This condition may be invoked with or without the cooperation of law enforcement officers. 4. Defendant shall participate in the Victim Awareness Program as directed by the U. S. Probation Officer. 5. The defendant shall pay restitution in the amount of $60,724.25 to the Clerk of the United States District Court, 111 S. 18th Plaza, Suite 1152, Omaha, Nebraska 68102. Restitution shall be paid in accordance with the schedule set forth in the "Schedule of Payments" set forth on page 8 of this judgment during the period of supervised release. The defendant shall be responsible for providing proof of payment to the United States Probation officer as directed. 6. The defendant is prohibited from incurring new credit charges or opening additional lines of credit without prior written approval of the United States Probation officer. 7. The defendant shall provide the United States Probation officer with access to any requested financial information. 8. The requirement of 18 U.S.C. § 3563 (a) (5) regarding drug testing, that is, testing within fifteen (15) days of release on supervised release and to two (2) periodic drug tests thereafter, is suspended until further order of the court because the presentence investigation report on the defendant and other reliable sentencing information indicates a low risk of future substance abuse by the defendant. 9. The defendant shall report to the United States Probation office for the District of Nebraska between the hours of 8:00am and 4:30pm, 111 South 18th Plaza, Suite C79, Omaha Nebraska, (402) 661- 7555, within seventy-two (72) hours of being placed on probation and, thereafter, as directed by the probation officer. 8:05-cr-00239-JFB-FG3 Doc # 43 Filed: 01/19/07 Page 5 of 6 - Page ID # 107 Defendant: JOLYN SCHMELING Page 5 of 6 Case Number: 8:05cr239-001 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 $100.00 $60,724.25 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 No fine imposed. RESTITUTION Restitution in the amount of $60,724.25 is hereby ordered. The defendant shall make restitution to the following payees in the amounts listed below. 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 CUNA Mutual Group $55,724.25 $55,724.25 Priority 1 Corporate Headquarters Madison, WI Metro Credit Union $5,000.00 $5,000.00 Priority 2 Omaha, NE Totals $60,724.25 $60,724.25 **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-00239-JFB-FG3 Doc # 43 Filed: 01/19/07 Page 6 of 6 - Page ID # 108 Defendant: JOLYN SCHMELING Page 6 of 6 Case Number: 8:05cr239-001 SCHEDULE OF PAYMENTS The defendant shall pay the special assessment in the amount of $100.00 immediately. 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 following release from home confinement, the defendant shall make payments to satisfy the criminal monetary penalty in the following manner: (a) monthly installments of $75 or 7% of the defendant's gross income, whichever is greater; (b) the first payment shall commence 30 days following the defendant's discharge from home confinement, 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 sp