Free Judgment and Commitment Issued - District Court of Arizona - Arizona

ft I
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
United States of America
JUDGMENT IN A CRIMINAL CASE
y_ (For Offienses Committed on or After November 1, 1987)
AI' : D ` P '
msgs 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 THREE and
of the Indictment.
ACCORDINGLY, THE COURT HAS ADJ UDICATED THAT THE DEFEN DANT IS GUILTY OF THE
FOLLOWING OFFENSE(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
of the Bureau of Prisons for a term of FORTY SIX (46) MONTHS on Counts ONE, TWO and THREE
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 in the 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 to the Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 Westwashington 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 $300.00 shall be paid pursuant to Title
18, United States Code, Section 3013 for Counts ONE, TWO and THREE and of the Indictment.
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, fines, 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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USA vs. James Domenic Perino
SUPERVISED RELEASE
Upon release from imprisonment, the defendant is placed on supenrised release for a term of
THREE (3) YEARS on Counts ONE, TWO and THREE , said counts to run concurrently.
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 offenses committed on or after Se tember 13 1994: The defendant shall refrain from any
unlamul use of a controlled suEstance. éursuantto 18 USC §3563(a)(5) and 3583(d) the defen_daajat
shall submit to one drug test within 15 days of release from imprisonment and such other peraodrc
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 incorporates the
requirements of USSG §§5B1.3 and 5D1.2, you shall comply with the following condi ions:_
1 You shall not commit another federal, state, or local crime during the term of supervision.
2 You shall not leave the judicial distract or other specified geographic area wathout the
eermassion of the Court or probation officer; _ _
3) ou shall report to the Probation Office as directed be the Court or probation officer, and shall
submit a tru hful and complete_ written report within t e first five dag/s of each month. _
4) You shall answer truthfully all inquiries by the probation ofHcer an follow the instructions of
the probation officer.
5) You shall supreort your dependents and meet other family responsibilities. _
6 You shall wo regularly at a lawful occupation unless excused by the probataon officer for
schooline, training, or o her acceptable reasons. _
7) You isha natifyt e probation o acer at least ten days praor to any change of residence or
emp oymen .
8) You shall refrain from excessive use of alcohol and are subject to being prohibited from the use
of alcohol af ordered by the Court an a afgecial condition o supervision.
9) You shall not purchase, possess, use, astribute or administer any narcotic or other controlled
substance as defined in section 102 ofthe Controlled Substances Act S21 U.S.C. § 801 ) or any
paraahernalia related to such substances, without a prescription y a licensed medical
prac itioner. Possession of controlled substances will result in mandatory revocation of your
errn of supervision. _
10) You shall not frequent places where controlled substances are illegally sold, used, distrabuted
i or administered, or other places specified by the Court. _
11) You shall not associate wath any tpersons engaged in crimina_I activity, and shall not associate
wlalth any person convicted of a elony unless granted permission to do so by the probataon
o acer.
12) You sha||_ permit a probation officer to visit at any time at home or elsewhere and shall permit
confiscataon of any contraband observed an plain view by the probation officer. _ _
13) You shall immediateay noti? the probation officer (within forty-eight (48) hours af durang a
weekend or on a holi ay) o being arrested or questioned by a law enforcement officer.
14) You shall not enter into any agreement to act as an informer or a special agent of a law
enforcement agency withou the Ipfermission of the Court. _
15) As directed by the probation o icer, you shall notify third partaes of risks that may be
occasioned ibfy your criminal record or aersonal history or characteristics, and shall permit the
probation o acer to make such noti acation and to confirm your compliance wath such
notification requirement. _
16) If you have ever been convicted of a felony, you shall refrain from possessing a Hrearm,
ammunition, destructave device, or other dangerous weapon. Iffyou have ever been convicted
of a misdemeanor involving domestic violence, you shall refrain rom possessaon of anyfirearm
or ammunition. Possession of a firearm will 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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USA vs. James Domenic Perino
violence, unless a special condition is imlposed 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 YGBF of supervision, pursuant to 18 U.S.C. §§ 3563(a)(5) and 3583(d);
18) If supervision fol ows a term of imprisonment, you shall repo rn person o the Probation Ofnce
in the district to which you are re eased within seventy-two (72) hours 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 qualifying federal or militaréoffense (including any
federal felony,). listed under 42 U.S.C. § 141 5a(_|d)(1) or 10 U.S. . § 1565(d), A/OU shal
cooferate in t 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 ofhcer 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, propertyéincludinghbut not limited to computer, electronic
devices, and storage media), residence, o ice, 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 oblirgations, or
entering 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 officer which 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 inthe 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 certified copies of this judgment
to the United States Marshal of this district.
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 in Miami, Florida
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CR 04-01071-001-PHX-REJ Page 4 of 4
USA vs. James Domenic Perino
Date of Imposition of Sentence: Tuesday, June 20, 2006
DNB
ROBERT E. JONES, ited ates District Judge
RETURN
t have executed this Judgment as follows:
Defendant deiivered on to at , the institution
designated by the Bureau of Prisons, with a certified copy of this judgment in a Criminal case.
By:
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