Free Judgment Returned Executed - District Court of Arizona - Arizona

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Nov 2 0 2005
UNITED STA TES DISTRICT COURT C, so ., ._, 00·. ·sn~r;r count
DISTRICT OF ARIZONA gewr a it Lis e’·i‘Z<¤N_{i
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United States of America """""` ``IT A"` "
JUDGMENT IN A CRIMINAL CASE
y·_ (For Olfenses Committed on or Alter November 1, 1987)
Dax B_ Mallaburn NO. CR 04-01312-001-PHX-JAT
Al` : D M il b , D L ,
Q-Cfx 3 an Um ym BG liioberr SQ rvjcwriirrer (Asso)
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USM#: 83665-008
THE DEFENDANT ENTERED A FLEA OF guilty on 7/27/2005 to the one count lnfomration.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFEN DANT IS GUILTY OF THE
FOLLOWING OFFENSE(S): violating Title 18, USC §922(g)( 1) and 924(3), Felon in Possession of
a FirearmIArmed Career Criminal, a Class A Felony offense, as charged in the Information.
ITIS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the custody
of the Bureau of Prisons for a term of ONE HUNDRED EIGHTY EIGHT (188) MONTHS on Count
1, with credit for time served. Upon release from imprisonment, the defendant shall be placed on
supervised release for a term of FIVE (5) YEARS. The Court recommends that the defendant
participate inthe Bureau of Prisons Residential Drug Abuse Treatment Program. The Courtfurther
recommends that the defendant be placed in an institution in the Eastern Region of the United
States, as close to Pennsylvania as possible.
IT IS FURTHER ORDERED that all counts in the indictment (filed 12/21/2004) are dismissed on
motion of the United States.
IT IS FURTHER ORDERED that defendants interest in the following property shall be forfeited to
the United States: One (1) Excam .22-caliber revolver and 16 rounds of .22—caIiber ammunition
seized in the instant offense.
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $100.00 FINE: Swaived RESTITUTION: $-0-
The Court linds the defendant does not have the ability to pay a fine and orders the fine waived.
lf incarcerated. payment of criminal monetary penalties are due during imprisonment ata rate of not less than $25 per quarter
and payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Program. Criminal monetary
payments shall be made to the Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC
1, Phoenix, Arizona 85003-2118. Payments should be credited to the various monetary penalties imposed by the Court in
the priority established under 18 U.S.C. § 3612(c). The total special assessment of $100.0-0 shall be paid pursuant to Title
18, United States Code, Section 3013 for Count 1 of the Infomation.
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USA vs. Dax B. Mellabum
Any unpaid balance shall become a condition of supervision and shall be paid within 90 days prior to the expiration of
supervision. Until all restitutions, lines. special assessments and costs are fully paid, the defendant shall immediately notify
the Clerk, U.S. District Court, of any change in name and address. The Court hereby waives the imposition of interest and
penalties on any unpaid balances. _
SUPERVISED RELEASE
Upon release from imprisonment, the defendant is placed on supervised release for a term of FIVE
(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.
For %%nsgs committed on or after September 13; 1994: The defendant shall refrain from any
unla u useo acontro ed substance. ursuant to 8 C§3563(a)(5) and 35B3(d) the defendant
shall submit to one drug test within 15 days of release from imprisonment and such other periodic
drug tests thereafter, as directed from time to time by the probation officer.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921.
The defendant shall comply with the standard conditions of supervision adopted by this Court in
General Order 04-1 1:
1 You shall not commit another federal, state. or local crime during the term of supervision.
2 You shall not leave the judicial district or other specified geographic area without the
permission of the Court or probation ofhcer. _
3) ou shall report to the Probation Qflice as directed bylthe Court or probation officer, and shall
submit a tru hful and completewntten report wrthrn t _e first tive dag/s of each month.
4) You shall answer truthfully all inquiries by the probation officer an follow the instructions of
the probation officer. _ _ __ _
5) You shall support your dependents and meet other family responsibilities.
6 You shall wor regularly at a lawful occupataon unless excused by the probation ofhcer for
schooiino, training, or o her acoefptable reasons.
7) You [sha notify t e probation o icer at least ten days prior to any change of residence or
T emp oymen .
l S) You shall refrain from excessive use of alcohol and are suttgiect to being prohibited from the use
of alcohol rf ordered by the Court rn a ?BCI&l condrtron o supervision.
9) You shall not purchase, possess, use, istribute or administer any narcotic or other controlled
substance as dehned in section 102 ofthe Controlled Substances /ikct-gl U.S.C. § 801) or any
paraohernalra related_ to such substances, without a presorrptron y a licensed medical
prac ltioner, Possession of controlled substances will result in mandatory revocation of your
erm of supervision. _
10) You shall not frequent places where controlled substances are illegally sold, used, distributed
or adminrstered, or other places specified by the Court. _
11) You shall not associate with any fpersons engaged in crimina_l activity, and shall not associate
wétth any person convicted of a elony unless granted permission to do so by the probation
o ICSI'.
12) You shalI_ permit a probation officer to visit at any time at home or elsewhere and shall permit
confiscation of any contraband observed in plain view by the probation officer.
13) You shall immediately notify the probation officer (within forty-eight (48) hours if during a
weekend or on a holl_ ay) o being arrested or questioned by a law enforcement officer.
14) You shall not enter into any agreement_to act as an rnformer or a special agent of a law
enforcement agency wlthou the Eomwissron- of the Court. _ _
15) As directed by the probation o icer, you shall notify third parties of risks that may be
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USA vs. Dax B. lvlallaburn
occasioned pry your criminal record orpeirsonal history or characteristics. and shall permit the
probation o icer to make such notification and to confirm your compliance with such
notification requirement. _ , _ _ _
16) If you have ever been convicted of a felony, you shall refrain from possessing a firearm,
ammunition, dBStl'l.lCtlV&_dBV|CB, or other dangerous weapon. lftyou have ever been convicted
of a misdemeanor involving domestic violence, you shall refrain rom possession of any firearm
or ammunition. Possession of a firearm will result in mandatory revocation of your term of
supervision. This prohibition does not applyto misdemeanor cases that did not en all domestic
violence, unless a special condition is imposed bythe Court.
17) Unless suspended by the Court, you sha I submit to one substance abuse test within the first
15 dayls of su ervision and at least two periodic substance abuse tests thereafter, pursuant
to 18 .S.C. §é 3563(a)(5) and 3583(d); _
18) Ifsuperyision ollows a term of imprisonment, you shall report in erson to the Probation Office
in the district to which you are re eased within seventy-two (72fhours of release. _
19) You shall pay any monetary penalties as ordered by he Court. You will notify the probation
officer of any material change in your economic circumstances that might affect your ability to
pay restitution, fines, or special assessments.
The following special conditions are in addition to the conditions ofsupervised release orsupersede
any related standard condition; ·
1. You shalt participate as instructed by the probation officer in a program of substance abuse
treatment which may include testing for substance abuse. You sha I contribute to the cost of
treatment in an amount to be determined by the probation officer.
2. You shall submit your person, property fgncludingqbut not limited to computer, electronic
devices, and storage media), residence, o ce, or ve icle to a search conducted by a probation
ofiicer, at a reasonable time _and in a reasonable manner. _ _
3. You shall provide the probation oflicer access to any requested financial information.
4- You shall participate in a mental health program as directed bythe probation officerwhich may
include taking prescribed medication. _You shall contribute to t e cost of treatment in an
amount to be determined by the probation officer.
5. You shall abstain from all use of alcohol or alcoholic beverages.
6. You shall cooperate in the collection of DNA as directed by e probation officer.
THE COURT FINDS that you have been sentenced in accordance with the terms of the plea
g agreement and that you have waived your right to appeal and to collaterally attack this matter. The
waiver has been knowingly and voluntarily made with a factual basis and with an understanding of
the consequences of the waiver. I
The Court may change the conditions of probation or supervised release or extend the term of
supervision, if less than the authorized maximum, at any time during the period of probation or
supervised release. The Court may issue avvanrant and revoke the original or any subsequent
sentence for a violation occurring during the period- of probation or supervised release.
IT IS FURTHER ORDERED that the Clerk of the Court deliver two certified copies of this judgment
to the United States Marshal of this district. ·
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USA vs. Dax B. Mallaburn
The Court orders commitment to the custody of the Bureau of Prisons and recommends:
that the defendant participate in the Bureau of Prisons Residential Drug Abuse Treatment Program
that the defendant be placed in an institution inthe Eastern Region of the United States, as close
to Pennsylvania as possible- -·-`
The defendant is remanded to the custody ofthe United States Marshal.
Date of imposition of Sentence: Wednesday, July 27, 2005
th s day ofJuly 2 05
J oarao r 29*** l , o .
United States Distrrct udgc
. _ RE'l[URN_ _
lhave executed this Judggyntisiollows: l · - ‘ ‘ . ... 'I
Defendant delivered on B OR to L ' at the
institution desig tad by the Bureau of Prisons, with a certlile ¤ • ofthlsju gment i . » = ase.
... . , [QW .
A By! 1....;..- ni ' `
l United Stat Marsha |
CC: USAfCNSL(Robert J. lt/lcWhirter)IF’ROB(2)/PTS/FIN/JUDGE/USI\ll(2 certified)/Order Book
CR 04-01312-001-FHX·.J.AT - Mnllabum TRT!05 1:454:m
gi .
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