Free Motion to Amend/Correct - District Court of Arizona - Arizona

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United States of America
JUDGMENT IN A CRIMINAL CASE
y_ (For Offenses Committed on or After November 1. 1987)
patrick Jefferson No. CR 03-00421-005-PHX-SMM A
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USM#: 42253-008 _ _ _ ’
THE DEFENDANT ENTERED A PLEA OF guilty on 1/4/2005 to Count 2 ofthe Second
. Superseding Indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF »
THE FOLLOWING OFFENSE(S): violating Title 21, USC §846, 841(a)(1) and 841 (b)(1 )(B)(iii)
I . Conspiracy to Possess with Intent to Distribute 5 grams or more of a mixture or substance which
contains Cocaine Base, a Schedule ll Controlled Substance, a Class B Felony offense, a lesser
included offense, as charged in Count 2 of the Second 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 2, with credit for
time served. Upon release from imprisonment, the defendant shall be placed on supervised
release for a term of FOUR (4) YEARS on Count 2. The Court recommends that the defendant
be placed in an institution in southwestern portion of the United States.
IT IS FURTHER ORDERED that all remaining counts are dismissed on motion ofthe United
States. _e
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $100.00 FiNE: $0.00 RES“TiTUTiCN$ i
The Court finds the defendant does not have the ability to pay a fine and orders the fine waived.
lf 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 2 of the Second Superseding I
Indictment. . . . » . . I
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
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USA vs. Patrick Jefferson T·
interest and penalties on any unpaid balances. _ 1 _ o
SUPERVISED RELEASE
Upon release from imprisonment, the defendant is placed on supervised release for a term of
FOUR (4) YEARS on Count 2.
`The defendant shall report to the probation office in the district to which the defendantis '
released within 72 hours of release from the custody of the Bureau of Prisons.
For offenses committed on or after September 13, 1994; The defend%antjsha`llT refrain from any
unla ul use 0 a controlled su stance. Pursuant to 18 USC §3563(a)(5) and 3583(td) the
defendant shall submit to one drug test within 15 days of release from rmprisonmen 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.
ghe deiegdtont ggahcomply with the standard conditions of supervision adopted by this Court in
enera r er - : .
1) You shall not commit another federal, state, or local crime during the term of supervision.
2 You shall noolgaavg thotjudiciagdistrictfor other specified geographic area without the
ermrssron o e ou or pro a ron o rcer.
3) Qou shall report to the Probation Oflice as directed by] the Court or probation officer, and
shall submrt a truthful and compIete_ written report wit in the lirst five days of each month.
4) {Lou shglltanswpr truthfully all inquiries by the probation officer and follow the instructions of
e pro a ron o rcer.
5) You shall support your dependents and meet other family responsibilities.
6 Yogi slorall vi;or_ regularlylot a lawfug o)ocupation unless excused by the probation officer for
sc oo rn , rarnrng, or o er accep a e reasons.
7) You lshal'? notify the probation officer at least ten days prior to any change of residence or
emp oymen . _ T
8) You shall refrain from excessive use of alcohol and are subject to being prohibited from the
use of alcohol rf ordered by the Court in a special condition of supen/isron,
9) You shall not purchase, possess, use, distribute or administer ang narcotic or other
controlled substance as defined in section 102 ofthe Controlled ubstances Act (21 U.S.C.
§ 801) or anyparaphernalia related to such substances, without a prescription by (
rcensep meorcal p{actitiofner. Possession of controlled substances will result in mandatory
revoca ron 0 our erm o supervision.
10) You shall not frequent places where controlled substances are illegally sold, used,
distributed or admrn_rstered, or other places specified by the Court._
11) You shall not associate with any persons engaged in criminal activity, and shall not r
asstoaate wéth any person convicted of a felony unless granted permission to do so by the
ro a ron o rcer.
12) E’ou 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) ou shall immediately notify the probation officer (wrthrn forty—eight (48) hours rf during a A
weekend or on a holiday) o being arrested or questioned by a law enforcement officer.
14) Yofu shall not enter intotanytagreement to act pishancinfegmer or a special agent of a law
en orcemen a enc wr ou e ermrssron o e ou .
15) As directed bygihe pyrobation ofliczr, you shall notify third parties of risks that may be _ .
occasioned by your criminal record or_personal history or characteristics, and shall permit T
the probation o rcer to make such notification and to conrirm your compliance with such .
noti ication requirement. I
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USA vs. Patrick Jefferson , ‘ .
16) lf you have ever been convicted of a felony, you shall refrain from possessing ra Hrearm,
ammunition, destructive device, or other dangerous weapon. lf 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 wil result in mandatory revocation of
your erm of supervision. This prohibition does not_apply t_0 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 sugervision and at least two geriodic substance abuse tests thereafter,
pursuantto 18 U. .C. §§ 3563(a)(5) and 35 3(d); _ _ _
18) fsupervision 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 ma erial change in your economic circumstances that mlght*affect`your ability
to pay restitution, fines, or specia assessments.
While on supervised release, the defendant shall comply with the standard conditions of
supervision adopted by this Court, in General Order 04-11. Within 72 hours of release from the
custodyof the Bureau of Prisons the defendant shall report in person to the Probation Office in
the dis rlct to which the defendant is released. The following special conditions are in addition to
the conditions of supervised release or supersede any rela ed standard condition;
1. You shall participate as instructed by the probation oflicer in a program of substance abuse
treatment which may include testing for substance abuse. You shall contribute to the cost
of treatment in an amount to be determined by the probation officer.
2. You shall submit your person, property (including but not limited to computer, electronic
devices, and storage media), resid_ence, office, or vehicle to a search conducted by a
probation ofhcer, a a reasonable time and in a reasonable manner.
3. You shall provide the probation officer access to any requested financial information.
C 4. You are prohibited from owning, maintaining or using a Hrearmh ` · I ’
5. You shall abstain from all use of alcohol or alcoholic beverages.
6. You shall cooperate in the collection of DNA as directed by the probation officer.
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 collateraliy attack this
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
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. I
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USA vs. Patrick Jefferson
The Court orders commitment to the custody of the Bureau of Prisons and recommends:
that the defendant be placed in an institution in the southwestern portion of the United States
The defendant is remanded to the custody of the United States Marshal.
Date of imposition of Sentence: Monday, May 23, 2005 Q l ` l 0 S
STEPHEN M. MCNAMEE, Chief United States District Judge l
RETURN . y
l have executed this Judgment as follows: A V ‘
Defendant delivered on to a_t V . . _ _. g I _ .1 _ , the
institution designated by the Bureau of Prisons, with a certified copy of this judgment in a‘crami¤ar:ca¢e.’· "
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United States Marshal Deputy Marshal °
CC:_ USA/CNSLéPhilip A. Seplow)/PROB(2)/PTS/FlN/JUDGE/USM(2 certified)/ICE (1
certified)/Order ook
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