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

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America v. Gene Lee Miller

JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed on or After November 1, 1987)

No. CR 04-00811-001-PHX-EHC Greg Clark (Appointed)
Attorney for Defendant

USM#: None THE DEFENDANT ENTERED A PLEA OF guilty on 06/28/05 to Count I of the Indictment. ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE FOLLOWING OFFENSE: violating Title 18, USC §1341, Mail Fraud, a Class D Felony offense, as charged in Count I 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 TWENTY ONE (21) MONTHS on Count I. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of THIRTY SIX (36) MONTHS on Count I. The Court recommends that the defendant be confined at a facility in the southwestern part of the United States, and that there be educational programs available to you that would benefit you when you are released from custody. IT IS FURTHER ORDERED that all remaining counts are dismissed on motion of the United States. CRIMINAL MONETARY PENALTIES The defendant shall pay to the Clerk the following total criminal monetary penalties: SPECIAL ASSESSMENT: $100.00 FINE: $ RESTITUTION: $496,142

The Court finds the defendant does not have the ability to pay a fine and orders the fine waived.
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 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 $100.00 shall be paid pursuant to Title 18, United States Code, Section 3013 for Count I of the Indictment. Any unpaid balance shall become a condition of supervision and shall be paid within 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.

Restitution shall be paid to the following victims in the following amounts: $496,142 to the following victims in the following amounts: Karl Kramer, $29,390; Kenneth Malatek, $26,190; Regina Goerss $141,980.; Christine Doggett, $6,750; Jerry Paulsen, $26,075; David Rosacker,$42,380; Carlos
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Orozco, $101,657; and Kathleen Howell, $121,720. Payments of not less than 25% of the net earnings of Mr. Miller monthly payments in that amount shall begin within 60 days of his release from custody. While incarcerated payment of criminal monetary penalties are due during imprisonment at a rate of not less than $25 a quarter. All payments are to be paid to the Bureau of Prisons Inmate Financial Responsibility Program. Payments shall be credited to the various monetary penalties imposed by the Court in the priority established under 18 U.S. code section 3612 C. The Court waives imposition of interest and penalties on any unpaid balance. This defendant's restitution obligation shall be paid jointly and severally with the co-defendant in this case until total restitution is paid. SUPERVISED RELEASE Upon release from imprisonment, the defendant is placed on supervised release for a term of THIRTY SIX (36) MONTHS on Count I. 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 September 13, 1994: The defendant shall refrain from any unlawful use of a controlled substance. Pursuant to 18 USC §3563(a)(5) and 3583(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 above drug testing condition is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse. 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 conditions: 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 officer. 3) You shall report to the Probation Office as directed by the Court or probation officer, and shall submit a truthful and complete written report within the first five days of each month. 4) You shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. 5) You shall support your dependents and meet other family responsibilities. 6) You shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons. 7) You shall notify the probation officer at least ten days prior to any change of residence or employment. 8) You shall refrain from excessive use of alcohol and are subject to being prohibited from the use of alcohol if ordered by the Court in a special condition of supervision. 9) You shall not purchase, possess, use, distribute or administer any narcotic or other controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 801) or any paraphernalia related to such substances, without a prescription by a licensed medical practitioner. Possession of controlled substances will result in mandatory revocation of your term of supervision. 10) You shall not frequent places where controlled substances are illegally sold, used, distributed or administered, or other places specified by the Court. 11) You 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.
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12) You shall 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 holiday) of 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 without the permission of the Court. 15) As directed by the probation officer, you shall notify third parties of risks that may be occasioned by your criminal record or personal history or characteristics, and shall permit the probation officer 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, destructive device, or other dangerous weapon. If you have ever been convicted of a misdemeanor involving domestic violence, you shall refrain from possession of any firearm 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 entail domestic violence, unless a special condition is imposed by the Court. 17) Unless suspended by the Court, you shall 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) If supervision follows a term of imprisonment, you shall report in person to the Probation Office in the district to which you are released within seventy-two (72) hours of release. 19) You shall pay any monetary penalties as ordered by the 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) If you have ever been convicted of any qualifying federal or military offense (including any federal felony) listed under 42 U.S.C. § 14135a(d)(1) or 10 U.S.C. § 1565(d), you shall cooperate in the collection of DNA as directed by the probation officer pursuant to 42 U.S.C. § 14135a(a)(2). The following special conditions are in addition to the conditions of supervised release or supersede any related standard condition: 1. You shall submit your person, property (including but not limited to computer, electronic devices, and storage media), residence, office, or vehicle to a search conducted by a probation officer, at a reasonable time and in a reasonable manner. You shall provide the probation officer access to any requested financial information. You are prohibited from making major purchases, incurring new financial obligations, or entering into any financial contracts without the prior approval of the probation officer. You shall cooperate with the Internal Revenue Service and pay all tax liabilities. You shall file timely, accurate and lawful income tax returns and provide proof to the probation officer. During the period of supervised release you shall seek and obtain verifiable employment and not change your place of employment or your place of residence without notice to the probation officer.

2. 3. 4. 5.

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. 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
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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 defendant shall self-surrender for service of sentence at the institution designated by the Bureau of Prisons or United States Marshal by 12 p.m. on 07/31/06. Date of Imposition of Sentence: Monday, June 12, 2006 DATED this 13th day of June 2006.

RETURN I have executed this Judgment as follows: Defendant delivered on to at institution designated by the Bureau of Prisons, with a certified copy of this judgment in a Criminal case. By: United States Marshal
CR 04-00811-001-PHX-EHC - Miller

, the

Deputy Marshal

6/12/06 3:27pm

Case 2:04-cr-00811-EHC

Document 79

Filed 06/13/2006

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