Free Judgment Returned Executed - District Court of Arizona - Arizona


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Date: July 21, 2006
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Category: District Court of Arizona
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J; FILED ___ LODGED
___ RECEIVED ___ COPY
. iui. 2 0 2006
CLERK u S DISTRICT COURT
UNITED STA TES DISTRICT COURT r)l$TRl¤’l‘ CIF AFl|Z%l¥;uTY
DISTRICT OF ARIZONA _ B ases-··-sep _ . .
United States of America
JUDGMENT IN A CRIMINAL CASE
v_ (ForOi’fensesCommittedonorAi1eriio·vember1,198?)
Jeremiah wayne Johnson N0. CR 04-01026-UU1·PHX·NVW
S l?.I,.?.i't.%Ii:I.I°""“* 5 i`iUSIi}1"#: 82841;-008 — ` I
THE DEFENDANT ENTERED A PLEA OF Guilty on 11/3/05 to the one—count indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE
FOLLOWING OFFENSE(S): violating Title 18, USC §1 153, 1 11 1, Second Degree Murder, a Class
A Felony offense, which is a lesser included offense 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 ONE HUNDRED TWENTY-ONE (121) MONTHS. 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 be- placed in an institution in Arizona, or as
close thereto as possible, and receive substance abuse treatment while incarcerated.
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $100.00 FINE: $0.00 RESTITUTION: $5,000.00
. 'l’he Court finds the defendant does not have the ability to pay a line and orders the fine waived.
If incarmraled, payment of criminal mhetaiypenaltitale a rate of not lessthari $25 per quarter
and payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Criminal monetary
payments shall be made tothe Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC
1, Phoenix, Arizona B5003·211B. Payments should be credited to the various monetary penalties Imposed bythe Court in
the priority estabfished under 18 U.S.C. § 3612(c). The total special assessment of $100.00 shall be paid pursuant to Title
18, United States Code, Section 3013 for the Indictment. A
Any unpaid balan 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 Coun, of any change in name and address. The Court hereby waives the imposition of interest and
- penalties on any unpaid balances. ‘
Restitution shall be paid to the following victims in the following amounts:
David and Winnie Scroggins in the amount of $5,000 in regular monthly installments of at least $100
upon release from imprisonment, to be paid jointly and severally with the defendant(s) in related
, case 03CR00059-PHX-JAT. ‘
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USA vs. Jeremiah Wayne Johnson
SUPERVISED RELEASE
lépcn release from imprisonment, the defendant is placed on supervised release for a term of FIVE
( )YEARS.
The defendant _shall report tothe probation office in the district to which the defendant is released
within 72 hours of release from the custody ofthe Bureau of Prisons.
For offenses comming on or after September 13, 1994: The defendant shall refrain from any
unla u usec acontrolle su stance. ursuanttot §.3563(a)(5) and 35B3(d) the defendant
shall submit to one drug test within 15 clays of release from imprisonment and such other penodrc
_. ,_,,, dmgtests thereafter, as.directed from time to time by the probation officer. a a as -~---~~» ·»»- —-».—-·~~»——t- -
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921. P
lt is the order of the Court that, dpursuant to General Order 05-36, which incorsorates the
requirements of USSG §§5B1.3 an 5D1.2, ygu shall comply with the followrng condi rons:_
1 You shall not commit another federal, s te, or local crime during the temr of supervisron.
2 You shall not leave the judicial distract or other specified geographic area without the
sermrssion of the Court or probation officer. _
3) ou shall resort to the Probation Qflice as directed %the Court or probatron officer, and shall
submit a tm hful and complete written report within etirst five clears of each month.
4) You shall answer truthfully all inquiries by the probation officer an follow the instructions of .
the probation officer. _ _ __ _ l
5 You shall suprsort your dependents and meet other famrly responsrbrirtres. _ P
6 You shall wor regularlyhlat a lawful occupatron unless excused by the probation officer for
schooling, tralnrngl, or o er accefstable reasons. · _
7) You isha nsrtifyt e probation o rcer at least ten days prior to any change of residence or
emp o men . .
8) You stilall refrain from excessive use of alcohol and ape sulsject to bei_ng prohibited from the use
of alcohol if ordered by the Court rn a wml c0ndrtron_o supervisron. _
9) You shall not purchase, possess, use, rstrrbute or administer any narcotic or other controlled
substance as defined rn section 102 ofthe Controlled Substances Act $21 U.S,.C. § 801) or any
parggthemalia related to such substances, without a prescription y a licensed medical
[ara ' loner. Possession of controlled substances will result rn mandatory revocation of your
erm of supervisron. __ _
’ 10) You shall not frequent ¤<;,·i,r,a -l» = · .~gi.rbq§noe8 erelliogeliy Sold,
or administered, or other places spec ed by the Court. i ‘ i T ~
11) You shall not associate with any Persons engaged rn criminal activity, and shall not associate
wgfth any person convrcted of a elony unless granted permission to do so bythe probation
o rcer.
12) You shalt permit a probation officer to visit at any time at home or elsewhere and shalt permit
confiscation of any contraband observed rn plarn vrew_by the probation officer.
13) You shall immediately non? the probatron officer (within forty-eight {S48) hours if during a
weekend or on a holr ay) o berng arrested or questioned by a law en rcement officer.
14) You shall not enter rntp may agreementto act as an rnfomier or a special agent of a law
enforcement agency wrtho _ the giermrssron ofthe Court. _
15) As directed by the probation o cer, you shall notify third parties of risks that may be
occasioned flsy your cnmrnal record orsersonal history or oharactenstrcs, and shall permrt the
probation o rcer to make such notr rcatron and to confirm your compliance with such
notification requirement. _
16) lf you have ever been conyrcted of a felony, you shail refrain from possessing a lirearrn
ammtgnition, destn,rctrve_devrce, or ether dangerous weapon._ lflyou have ever been convicted
of a misdemeanor rnvolvrng domestic vrolenee, you shall refrain om possession of any firearm
or ammunition. Possession of a firearm wrll result rn mandatory revocation of yaour term of
l supervision. This prohibrtion does notapply to misdemeanor cases that did not en il domestic
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USA vs. Jeremiah Wayne Johnson T
violence, unless a special condition is imposed bythe Court. _ _
17) Unless suspended bythe Court, you sha submit to one substance abuse test within the first
15 clays of supervision and thereafter at least two, but no more than two penodic substance
abuse tests per year of supervision, pursuant to 18 U.S.C. §§ 3563(a){5) and 3583jd);
18) lf supervision fol ows a temt of imprisonment, you shall repo in erson o the Probation Ofhce
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 qualiyng federal or military; offense (including any
federal felony) listed under 42 U.S.C._ § 141 5a$r:l)(1) or 10 U.S. . § 1565%), you shal
coolperate in e collection of DNA as directed byt e_prob_at}_on oilioer pursuan, to , 2,lJ_,§,Q_____,,....,, .._, _.
"····~——- »···· ~~~— · i··‘ a- he §l 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 tothe cost of
treatment in an amount to be determined by the probation ofdcer.
2. You shall submit your person, _propertyf£includin§‘_but not limited to computer, electronic
devices, and storage media), residence, o ce, orv role to a search conducted by a probation
officer, at a reasonable time and in a reasonable manner.
3. You shall participate in a mentathealth program as directed by the probation officer which may
include taking prescribed medication. You shail contribute to t e cost of treatment in an
amount to be determined by the probation officer.
4. You shall abstain from all use of aicohol or alcoholic beverages.
THE COURT FINDS that you have been sentenced in accordance with the terms of the plea
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 of probation or supervised release or extend the term of
supervision, if less than the authcrizetI*ff*rd5tili*til1tii‘; at at1y=tlrne__during the period N§pr¤bd§0n·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 ofthis judgment
tothe United States Marshal of this district. _
The Court orders commitment to the custody of the Bureau of Prisons and recommends that the
defendant be piaoed in an institution in Arizona, or as close thereto as possible, and receive
substance abuse treatment. The defendant is remanded to the custody of the United States
Marshal.
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USA vs- Jeremiah Wayne Johnson
Date of imposition of Sentence: Monday, March 27, 2005
DATED this 28'*‘ day of March, 2006.
Neil . aka
United States District Judge i
RETURN
M 1 A I have executed this Judgmentas %____M W
Defendant delivered on ";`*`~¢‘?“C¤6 to ;-E L at (kv , the
institution designated by the Bureau of Prisons, with a certified py of this judgment in a Criminal se. 3
Z5. 5 By: Uiygiobg
` ai [km, {vw
CC: USA/CNSL(Char|es NI. McNulty)/PROB(2)IPTSIF|N/JUDGE/USM(2 certified)IOrder Book
on ¤».¤1¤¤s¤¤1-p»¤4»~m-J¤m»m mum ¤:·H•rn
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