USA v. Wade
Criminal

District of Nebraska, ned-8:2004-cr-00462-33122

AMENDED JUDGMENT (Reduction of Sentence) as to Sherman R. Wade. Defendant plead guilty to Counts I, V, and VI of the Indictment and is sentenced to the custody of the Bureau of Prisons for 120 months on Count I, 84 months on Count V, and 36 months o n Count VI pursuant to 18 USC 924(c)(1)(D)(ii) the terms of imprisonment shall run consecutively; and shall be given credit for time served and shall serve his time concurrent to the sentence imposed by the State of Nebraska. The Nebraska Department of Corrections is designated as a facility in which the defendant may serve this sentence. Supervised Release with special conditions of 5 years. $300.00 Special Assessment due and payable immediately; $78,409.09 restitution to be paid jointly and severally with Brandon Prayer (8:04cr440). Counts II, III and IV are dismissed on the motion of the government as to this defendant only as to defendant Sherman R. Wade. Ordered by Judge Joseph F. Bataillon. (4 Certified copies to USM)(KBJ) Modified on 10/22/2007 to add text regarding the "joint and several"

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8:04-cr-00462-JFB-FG3 Doc # 66 Filed: 10/22/07 Page 1 of 7 - Page ID # 206 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA Plaintiff v. Case Number 8:04cr462-001 USM Number 16410-047 SHERMAN R. WADE Defendant DAVID R. STICKMAN Defendant's Attorney ___________________________________ AMENDED JUDGMENT IN A CRIMINAL CASE Date of Original Judgment: 05/11/2006 (Or Date of Last Amended Judgment) Reason for Amendment: Reduction of Sentence for Changed Circumstances (Fed. R. Crim. P. 35(b)) THE DEFENDANT pleaded guilty to counts I, V and VI of the Indictment on March 8, 2005 ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offenses: Date Offense Count Title, Section & Nature of Offense Concluded Number(s) 18:2113(a) and 2 BANK ROBBERY March 10, 2004 I 18:924(c)(1)(A)(ii) and 2 BRANDISHING A FIREARM June 25, 2004 V WHILE ROBBING A BANK 18:924(c)(1)(A)(ii) and 2 BRANDISHING A FIREARM September 28, 2004 VI WHILE ROBBING A BANK The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984 and Booker/FanFan decisions. Counts II, III and IV of the Indictment are 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 8:04-cr-00462-JFB-FG3 Doc # 66 Filed: 10/22/07 Page 2 of 7 - Page ID # 207 defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances. Date of Imposition of Sentence: October 12, 2007 s/ Joseph F. Bataillon United States District Judge October 22, 2007 8:04-cr-00462-JFB-FG3 Doc # 66 Filed: 10/22/07 Page 3 of 7 - Page ID # 208 Defendant: SHERMAN R. WADE Page 3 of 7 Case Number: 8:04cr462-001 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred twenty (120) months on count I, eighty-four (84) months on count V and thirty-six (36) months on count VI. Pursuant to 18 U.S.C. 924(c)(1)(D)(ii), the terms of imprisonment shall run consecutively. The Court makes the following recommendations to the Bureau of Prisons: 1. That the defendant participate in the 500-hour Comprehensive Drug Treatment Program or any similar drug treatment program available. 2. That the defendant be incarcerated in a federal facility as close to his family as possible. 3. Defendant shall be given credit for time served and shall serve his time concurrent to the sentence imposed by the State of Nebraska. The Nebraska Department of Corrections is designated as a facility in which the defendant may serve this sentence. 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-00462-JFB-FG3 Doc # 66 Filed: 10/22/07 Page 4 of 7 - Page ID # 209 Defendant: SHERMAN R. WADE Page 4 of 7 Case Number: 8:04cr462-001 SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of 5 years. 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 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; 8:04-cr-00462-JFB-FG3 Doc # 66 Filed: 10/22/07 Page 5 of 7 - Page ID # 210 Defendant: SHERMAN R. WADE Page 5 of 7 Case Number: 8:04cr462-001 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. 8:04-cr-00462-JFB-FG3 Doc # 66 Filed: 10/22/07 Page 6 of 7 - Page ID # 211 Defendant: SHERMAN R. WADE Page 6 of 7 Case Number: 8:04cr462-001 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 $300.00 $78,409.09 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 $78,409.09 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 First State Bank $27,824.50 $27,824.50 Priority Order/Percentage Tier One Bank $15,521.30 $15,521.30 Priority Order/Percentage Bank of Bennington $5,000.00 $5,000.00 Priority Order/Percentage Kansas Bankers Surety $30,063.29 $30,063.29 Priority Company Order/Percentage Totals $78,409.09 $78,409.09 **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-00462-JFB-FG3 Doc # 66 Filed: 10/22/07 Page 7 of 7 - Page ID # 212 Defendant: SHERMAN R. WADE Page 7 of 7 Case Number: 8:04cr462-001 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 defendant shall pay the special assessment in the amount of $300.00 immediately. 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 $50 or 3% 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. 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. Restitution is hereby ordered jointly and severally with: Brandon Prayer Case No. 8:04CR440. 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