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

v ` I
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
United States of America
JUDGMENT IN A CRIMINAL CASE
V_ (For Offenses Committed on or After November 1, 1987)
Shayne Kgdakern N0. CR 03-00421-004-PHX-SMM -
I Candace Hewitt Kent (Appointed)
Attorney for Defendant
US|Vl#: 80644-008
THE DEFENDANT ENTERED A PLEA OF guilty on 12/29/2004 to Count 1 of the Superseding
Indictment. _
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF I
THE FOLLOWING OFFENSE(S): violating Title 21, USC §846, 841(a)(1)and (b)(1)(B)(ii), a
lesser included offense of Conspiracy to Possess with Intent to Distribute 500 grams or more of
Cocaine, a Schedule ll Controlled Substance, a Class B Felony offense, as charged in Count 1
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 1, with credit for
time senred. Upon release from imprisonment, the defendant shall be placed on supervised
release for a term of THREE (3) YEARS on Count 1.
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: $0.00 RESTITUTION: $0.00
The Court Ends 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 1 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.
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GR 03-00421-004-PHX-SMM Page 2 or 4
. USA vs. Shayne Kedekein
SUPERVISED RELEASE
Upon release from imprisonment, the defendant is placed on supervised release for a term of
THREE (3) YEARS on Count 1.
. 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
unla u use o a controlle su stance. ursuant to USC §3563(a)(5) and 3583(Id) the
defendant shall submit to one drug test within 15 days of release from lmprlsonmen 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.
`éhe defegdgnt gi/-l·{a)I1comply 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. . T
2 You shall not leave the judicial district or other specified geographic area without the
permission of the Court or probation officer. _
3) ou shall report to the Probation OfHce as directed by] the Court or probation officer, and
shall submit a truthful and complete written report wit in 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 supoort your dependents and meet other family responsibilities.
6 You shall wor regularly at a lavvfui occupation unless excused by the probation officer for
schoolino, training, or other acceptable reasons.
7) You oha notify the probation ofhcer at least ten days prior to any change of residence or
emp oymen .
8)Y hllf'f ' _flhl d b'ttb`g h'b'tdf th
ou s a re rain rom excessive use o a co o an are su tec o ern pro l i e rom e
use of alcohol if ordered by the Court in a special condition of supervision.
9) You shall not purchase, possess_, use, distribute or administer ang narcotic or other
controlled substance as defined in section 102 of the Controlled ubstances Act (21 U.S.C.
$ 801) or any paraphernalia related to such substances, without a prescription by a
rcensed medical practitioner. Possession of controlled substances will result in mandatory
- revocation of your term of supervision.
10) You shall not requent places where controlled substances are illegally sold, used, .
distributed or administered, or other places specifie_d by the Court.
. 11) You shall not associate with any persons engaged in criminal activity, and shall not
l asslociate wffth any person convicted of a felony unless granted permission to do so by the
ro a ron o acer. ‘
12) Ecu shall permit a probation ofhcer 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 (within forty-eight (48) hours if during a
weekend or on a holiday) o being arrested or questioned by a law enforcement officer.
14) You shall not enter into any aolreement to act as an informer or a special agent of a law
enforcement agency withoutt e permission of the Court. _ _
15) As directed by he probation officer, you shall notify third parties of rlslts that may be _
occasioned by yrour criminal record oroersonal history or characteristics, and shall permit
the Probation o rcer to make such notr lcatlon and to confirm your compliance with such
noti lcation requirement. _ _ _ _
16) lf you have ever been convicted of a felony, you shall refrain from possessing a firearm,
ammunitionf destructive devioe, or_other danieroos weapon. lfhyoo hove eever been _
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GR) 03-00421-004-PHX-SMM Page 3 of 4
USA vs. Shayne Kedekein
of any firearm or ammunition. Possession of a firearm will result in mandatory revocation of
your erm of supervision. This prohibition does not apply to misdemeanor cases that drd
not entail domestic violence, unless a special condition rs imposed by the Court._ _
17) Unless suspended bythe Court, you shall submit to one substance abuse test wrthrn the
Hrst 15 days of sugervrsion and a least two geriodrc substance abuse tests thereafter,
nursuantto 18 U. .C. §§ 3563(a)(5) and 35 3(d); _
18) fsupe_rvrsron follows a term of rmprrsonment, you shall report in person to the Probation
Office rn the district to which you are released withrn 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 might affect your abrlrty
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 0 -11. Within 72 hours of release from the
custodypf the Bureau of Prisons the defendant shall report in person to the Probation Office rn
the drs not to which the defendant is reieased. The following special conditions are rn addrtron to
the condrtrons of supervised release or supersede any rela ed standard condition:
1. You shall participate as instructed by the probation ofhcer in a program of substance abuse
treatment which may include testintg for substance abuse. You shall contribute to the cost
of treatment rn an amount to be de ermined bcy the probation officer.
2. You shall submit your person, property (rnclu ing but not limited to computer, electronic
devices, and storage medra), residence, office, or vehicle to a search conducted by a
probation officer, a a reasonable time and rn a reasonable manner. _ _ _
3. ou shall provide the probation officer access to any requested financial information.
4. You are prohibited from making major tpurchases, rncurrrng new financial obligations, or
entering rnto any financial contracts wi hout the prior approval ofthe probation officer.
5. You are Iprohibi ed from owning, maintaining or using a rrearm. R
6. You sha abstain from all use of alcohol or alcoholic beveragles.
7. You shall cooperate rn the collection of DNA as directed by e 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 appeai 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
sentence for a violation occurring during the period of probation or supervised release.
lT iS FURTHER ORDERED that the Clerk of the Court deliver two certified copies of this
R judgment to the United States Marshal of this district. .
The Court orders commitment to the custody of the Bureau of Prisons.
The defendant shall self—surrender for service of sentence at the institution designated by the
Bureau of Prisons or United States Marshal by 12:00 p.m. on 9/2/05.
Date of imposition of Sentence: Monday, July 11, 2005
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GR; OS-00421-004-PHX-SMM Page 4 of 4
USA vs. Shayne Kedekein
RETURN
I have executed this Judgment as follows:
Defendant delivered on to at , the
institution designated by the Bureau of Prisons, with a certified copy of this judgment in a Criminal case.
By=
United States Marshal Deputy Marsha! ·
CC: USA/CNSL(Candace Hewitt Kent)/PROB(2)/PTS/FIN/JUDGE/USM(2 certified)/Order Book
CR 03-00421-004-PHX-SMM - Harris Tltzr'05 B;14am
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