Free Judgment Returned Executed - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT CLEQK U S QlS`[`Q[Qrl' rygmr
DISTRICT OF ARIZONA premier oe An_azr;»r~l.~,
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United States of Amerlca I
JUDGMENT IN A CRIMINAL CASE
y_ (For Offsnses Committed on or Alter November 1, 1987)
James Domsnic Parind i V. _ 4
AI' : D ' P ' ·
Iasss Omemc Emo Donna L. Elm (Appointed)
Attomey for Defendant
USM#: 00989-068
THE DEFENDANT ENTERED A PLEA OF guilty on 5/8/2006 to Count ONE, TWO and TH REE and
of the Indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEF EN DANT IS GUILTY OF THE
FOLLOWING 0FFENSE(S): violating Title 18, USC §1 15(a)(1 )(B) and (b)(4), Threatening a Federal
Official, a Class C Felony offense, as charged in Count ONE of the Indictment; Title 18, USC
§876(c), Mailing a Threatening Communication, Class C Felony offenses, as charged in Counts
TWO and THREE of the Indictment.
( IT IS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the custody
ofthe Bureau of Prisons for a term of FORTY SIX (46) MONTHS on Counts ONE, 'I’WO and TH REE
and , said counts to run concurrently and consecutive to the sentence imposed in Arizona State
Court. Upon release from imprisonment, the defendant shall be placed on supervised release for
a term of THREE (3) YEARS on Counts ONE, TWO and THREE said counts to run concurrently.
The Court recommends that the defendant participate inthe Bureau of Prisons Residential Drug
Abuse Treatment Program. The Court recommends that the defendant be placed in an institution
in Miami, Florida. _
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $300.00 FINE: $4,000 RESTITUTION: $0 .
If incarcerated, payment of criminal monetary penalties are due during imprisonment at a 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 tothe Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 Westwashlngton Street, SPC
1, Phoenix, Arizona 85003-2118. Payments should be credited tothe various monetary penalties Imposed by the Court In
the priority established under 18 U.S.C. § 3612(c). The total special assessment of $300.00 shall be paid pursuant to Tltle
18, United States Code, Section 3013 for Counts ONE, TWO and THREE and of the Indictment.
Any unpaid balance shall become a condition of supervislon and shall be paid wlthln 90 days prior to the expiration of
supervlslon. 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.
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‘ CR 04-01071-001-PHX-RE.: Page 2 of 4
USA vs. James Domenic Perino
SUPERVISED RELEASE
Uelon release from imprisonment, the defendant is Elaced on supervised release for a term of
T REE (3) YEARS on Counts ONE, TWO and THR E , said counts to run concurrently.
The defendant shall report to the probation office inthe district to which the defendant is released
within 72 hours of release from the custody of the Bureau of Prisons.
For offepsgg sommitted og eger September 1% 1§§: The defendant shall refrain from any
un a u useo acon ro e su s _nce. ursuantto §3563(a)(5) and 3583(d) the defendant
shall submit to one drug test wathan 15 days of release from ampnsonment and such other peraodac
drug tests thereafter, as directed from time to time by the probation ofhcer.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921.
It is _the order of the Court that, pursuant to General Order 05-36, which incoqgorates the
requirements of USSG §§5B1.3 and 5D1.2, {gu shall comply with the following condi a0ns:_
1) You shall not commit anotherfederal, s te, or local crime during the term of supervision.
2 You shall netuleage we audaeia} distect or other specified geographic area wathout the
ermassaon 0 e ou or pro a aon o acer.
3) Ecu shall reeert to the Probation Office as directed by‘the Court or probation ofhcer, and shall
submit a tru ful and complete_ written report within t e first tive dags of each month. _
4) Lou shell tenswer truthfully all inquiries by the probation officer an follow the anstructaons of
e ro a on 0 acer.
5) Youpshall supleort your dependents and meet other family responsibilities. _
6 Yee seall wro_ regularlyhat a lawfgbsccupation unless excused bythe probataon officer for
sc oo an , aman , or o er acce e reasons.
7) You Ishall netify the probation ofgcer at least ten days prior to any change of residence or
emp 0 men .
8) You slilall refrain from excessive use of alcohol and are sub'ect to being prohibited from the use
of alcohol if ordered by the Court an a special condition o supervision.
9) You shall not purchase, possess, use astribute or administer any narcotic or other controlled
substance as defined an sectaon 102 ofthe Controlled Substances Act S21 U.S.C. § 801 ) or any
paraehemalaa related to such substances, wathout a prescription y a licensed medical
Prac atener. Possession of controlled substances will result in mandatory revocation of your
erm 0 supervision.
10) You (shell ect fiequenghplaces where ceintgogeersutéstaptces are illegally sold, used, distributed
, or a manas ere , or 0 er aces spec e e ou .
11) You shall not associate with any tpersons engaged in crimina_I activity, and shall not associate
wéh any person convacted of a elony unless granted permission to do so by the probataon
0 acer.
12) You shall permit a probation officer to visit at any time at home or elsewhere and shall permit
confiscatao_n of any contraband observed an plain view by the probation officer. _
13) You shall ammedaategr notify the probation officer (within forty-eight (48) hours if during a
weekend or on a hola ay) 0 being anrested or questaoned by a law enforcement officer.
14) Yoig shall nsf enter intehanyuegreement_to assrescen irgformer or a special agent of a law
en orcemen agenc wa ou e ermassaon 0 e ou .
15) As directed by theyerobation officer, you shaI_l notify third parties of risks that may be
occasapned ey your cnmanal record or ieerspnal hastory or charactenstacs, and shall permit the
prsiléatren 0 cer to meke such not acataon and to confirm your compliance with such
no ca aon re uaremen .
16) If you have e%er been convicted of a felony, you shall refrain from possessing a firearm
ammunition, destructive devace, or other dangerous weapon. lfg/ou have ever been convacted
ofa misderneanorinvolving domestic violence, you shall refrain om possessaon ofanytirearm
or ammunition. Possession of a firearm wall result in mandatory revocation of your term of
supervision. This prohibition does not apply to misdemeanor cases that did not en all domestic
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‘ CR 04-01071-001-PHX-REJ Page 3 of 4
USA vs. James Domenic Perino
violence, unless a special condition is imhzosed by the Court.
17) Unless suspended by the Court, you sha submit to one substance abuse test within the first
15 days of supervision and thereafter at least two, but no more than two periodic substance
abuse tests per year of supervision, pursuant to 18 U.S.C. §§ 3563(a)$5) and 3583(d);
18) lf supervision fol ows a term of imprisonment, you shall repo in erson o the Probation Office
in the district to which you are re eased within seventy-two (72fhours of release.
19) You shall pay any monetary penalties as ordered by he Court. You will notify the probation
officer of any material change in your economic circumstances that might affect your ability to
pay restitution, fines, or special assessments. _ _
20) f you have ever been convicted of any qualifging federal or militaréoffense (including any
federal felony,) listed u_nder 42 U.S.C._ § 141 5aLd)(1) or 10 U.S. . § 1565$d), {you shal
cooferate in e collection of DNA as directed byt e probation officer pursuan to 2 U.S.C.
§ 1 135a(a)(2).
The following special conditions are in addition to the conditions of supervised release or supersede
any related standard condition:
1. You shall 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 detemiined by the probation officer.
2. You shall submit your person, property fgincludinghbut not limited to computer, electronic
devices, and storage media), residence, o ce, or ve icle to a search conducted by a probation
officer, at a reasonable time and in a reasonable manner.
3. You shall provide the probation officer access to any requested financial information.
4. You are prohibited from making major purchases, incurring new financial obggations, or
entenng into any Hnancial contracts without the prior approva of the probation o acer.
5. You shall participate in a mental health program as directed by the probation ofhcerwhich may
include taking prescribed medication. You shall contribute to t e cost of treatment in an
amount to be determined by the probation officer.
6. You shall not contact the following victim(s), Honorable Earl H. Carroll/and/or all other federal
judges in the District of Arizona, and the probation officer will verify compliance.
7. You shall not excessively use alcohol or alcoholic beverages.
8. You shall cooperate in the collection of DNA as directed by the probation officer.
THE DEFENDANT HAS THE RIGHT TO APPEAL WITHIN 10 DAYS.
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 a warrant 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 certihed copies of this judgment
to the United States Marshal of this district.
The Court orders commitment to the custody ofthe 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 in Miami, Florida
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` CR 04-01071-001-PHX-REJ Page 4 of 4
USA vs. James Domenlc Perino
Date of imposition of Sentence: Tuesday, June 20, 2006
Date %g?/rm g $0 2§@C>
ROBERT E. JONES, lted tes Dlstrlct Judge
RETURN 1¤
l have executed thls Judgment as follows: L
Defendant delivered on ·’ u`° 7 to é t .th6 institution
designated bythe Bureau of Prisons, with a certified copy of this ‘ gment in a Criminal case.
By=
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