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

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America v. Derrick L. McCreary

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

No. CR 04-00313-003-PHX-FJM Dana Carpenter (Appointed)
Attorney for Defendant

USM#: 82052-008 THERE WAS A verdict of guilty on 6/22/2005 as to Counts ONE, TWO AND FOUR, THREE and FIVE of the Superseding Indictment. ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE FOLLOWING OFFENSE(S): violating Title 18, USC §371, Conspiracy, a Class D Felony offense, as charged in Count ONE of the Superseding Indictment; Title 18, USC §2113(a) and (d) and 2, Armed Bank Robbery, a Class B Felony offense, as charged in Counts TWO AND FOUR of the Superseding Indictment; Title 18, USC §924(c)(1)(A)(ii) and 2, Possessing, Using, Carrying or Brandishing a Firearm During the Commission of a Crime of Violence, a Class A Felony offense, as charged in Count THREE of the Superseding Indictment; Title 18, USC §924(c)(1)(A)(ii) and 2, Possessing, Using, Carrying or Brandishing a Firearm During the Commission of a Crime of Violence, a Class A Felony offense, as charged in Count FIVE of the Superseding 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 SIXTY (60) MONTHS on Count ONE, SEVENTY-EIGHT (78) MONTHS EACH on Counts TWO AND FOUR, said counts to run concurrently with each other, EIGHTY-FOUR (84) MONTHS on Count THREE, to run consecutive to Counts ONE, TWO, AND FOUR, and THREE HUNDRED (300) MONTHS on Count FIVE, to run consecutive to Counts ONE, TWO, THREE AND FOUR. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of THREE (3) YEARS on Count ONE and FIVE (5) YEARS EACH on Count TWO, THREE, FOUR, and FIVE, said counts to run concurrently. The Court recommends that the Bureau of Prisons consider designating the defendant to the District of Arizona, or as close to the Southwestern part of the United States as possible, if it is otherwise consistent with the Bureau's needs and its evaluation of the defendant's needs. CRIMINAL MONETARY PENALTIES The defendant shall pay to the Clerk the following total criminal monetary penalties: SPECIAL ASSESSMENT: $500.00 FINE: $0 RESTITUTION: $253,798.00

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

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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 $500.00 shall be paid pursuant to Title 18, United States Code, Section 3013 for Counts ONE, TWO AND FOUR, THREE and FIVE of the Superseding 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.

Restitution shall be paid to the following victims in the following amounts: Tempe Schools Federal Credit Union, $182,983; Safeway Credit Union, $70,815.00 for a total amount of $253,798.00, to be paid jointly and severally with the co-defendant(s) in this case and to the extent that restitution was ordered in CR 02-227 for a common loss upon which restitution is ordered in this case, then it is jointly and severally as to those defendants' restitution obligation as well. SUPERVISED RELEASE Upon release from imprisonment, the defendant is placed on supervised release for a term of THREE (3) YEARS on Count ONE and FIVE (5) YEARS on Counts TWO through FIVE, 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 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 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 04-11: 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
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10) 11) 12) 13) 14) 15)

16)

17) 18) 19)

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. You shall not frequent places where controlled substances are illegally sold, used, distributed or administered, or other places specified by the Court. 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. 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. 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. 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. 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. 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. Unless suspended by the Court, you shall submit to one substance abuse test within the first 15 days of supervision and at least two periodic substance abuse tests thereafter, pursuant to 18 U.S.C. §§ 3563(a)(5) and 3583(d); 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. 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.

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 not be involved with gang activity, possess any gang paraphernalia or associate with any person affiliated with a gang. You shall cooperate in the collection of DNA as directed by the probation officer.

2. 3. 4. 5.

THE DEFENDANT IS ADVISED OF DEFENDANT'S RIGHT TO APPEAL WITHIN 10 DAYS OF ENTRY OF JUDGMENT. 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
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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. Date of Imposition of Sentence: Monday, December 5, 2005 Dated: 12/12/05

RETURN I have executed this Judgment as follows: Defendant delivered on to at designated by the Bureau of Prisons, with a certified copy of this judgment in a Criminal case. By: United States Marshal Deputy Marshal , the institution

CC: USA/CNSL(Dana Carpenter)/PROB(2)/PTS/FIN/JUDGE/USM(2 certified)/Order Book
CR 04-00313-003-PHX-FJM - Austin 12/7/05 11:15am

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