USA v. Stewart

District of Nebraska, ned-8:2004-cr-00546-33586

JUDGMENT for Revocation of Probation or Supervised Release as to Brenda L. Stewart (1)- DEFENDANT admitted guilt to violation of standard condition 7 of the term of supervision and is committed to the Bureau of Prisons for 18 months; no term of super vised release is imposed; special assessment $100.00 has been paid in full; restitution $31,485.86 as to defendant Brenda L. Stewart. Allegations 1,2,3 5, 7 and 8 are withdrawn on the motion of the United States. Ordered by Judge Joseph F. Bataillon. (4 certified copies to US Marshal)

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8:04-cr-00546-JFB-FG3 Doc # 40 Filed: 09/24/07 Page 1 of 4 - Page ID # 86 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA Plaintiff v. Case Number 8:04cr546-001 USM Number 20723-047 BRENDA L. STEWART Defendant JENNIFER L. GILG Defendant's Attorney ___________________________________ JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) THE DEFENDANT admitted guilt to violation of standard condition 7 of the term of supervision. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense: Date Violation Violation Number Nature of Violation Concluded 4 Methamphetamine Use January 29, 2006 6 Drug Possession August 23, 2007 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 Allegations 1,2,3 5, 7 and 8 are withdrawn on the motion of the United States.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: September 12, 2007 s/Joseph F. Bataillon United States District Judge September _24, 2007 8:04-cr-00546-JFB-FG3 Doc # 40 Filed: 09/24/07 Page 2 of 4 - Page ID # 87 Defendant: BRENDA L. STEWART Page 2 of 4 Case Number: 8:04cr546 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of eighteen (18) months. The Court makes the following recommendations to the Bureau of Prisons: 1. That the defendant participate in any drug treatment program available in Mitchellville, Iowa. 2. Defendant shall be given credit for time served while in federal custody. (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-00546-JFB-FG3 Doc # 40 Filed: 09/24/07 Page 3 of 4 - Page ID # 88 Defendant: BRENDA L. STEWART Page 3 of 4 Case Number: 8:04cr546 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) $31,485.86 The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options in the Schedule of Payments may be subject to penalties for delinquency and default pursuant to 18 U.S.C. § 3612(g). FINE No fine imposed. RESTITUTION Restitution in the amount of $31,485.86 is hereby ordered. A balance of $31,285.86 remains due and payable. 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 Citigroup Investigative $20,738.76 $20,738.76 PRO RATA Services ATTN: Cassandra Edwards Younkers $616.00 $616.00 PRO RATA c/o Saks, Inc. ATTN: Medhu Khiani Bank One $507.42 $507.42 PRO RATA Bank of America $6,682.23 $6,682.23 PRO RATA ATTN: Roland Ray Chase Card Services, $2,941.45 $2,941.45 PRO RATA Inc. ATTN: Fraud Payments 8:04-cr-00546-JFB-FG3 Doc # 40 Filed: 09/24/07 Page 4 of 4 - Page ID # 89 Defendant: BRENDA L. STEWART Page 4 of 4 Case Number: 8:04cr546 Totals $31,485.86 $31,485.86 **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. 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 is 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. Following release from incarceration, the defendant shall make payments to satisfy the criminal monetary penalty in monthly installments of $100 or 10% of the defendant's gross income, whichever is greater. The first payment shall commence 60 days following the defendant's discharge from incarceration, and continue until the criminal monetary penalty is paid in full. The defendant shall be responsible for providing proof of payment to the probation officer as directed. th All financial penalty payments are to be made to the Clerk of Court for the District of Nebraska, 111 S. 18 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