United States District Court, N.D. California
January 08, 2004.
UNITED STATES OF AMERICA
SHANE FRANKLIN MILLER
The opinion of the court was delivered by: MARTIN JENKINS, District Judge
IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
[x] pleaded guilty to count(s): 4 of the Indictment.
[ ] pleaded nolo contendere to count(s) ___ which was accepted
by the court.
[ ] was found guilty on count(s) ___ after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is
guilty of the following offense(s):
Date Offense Count
Title & Section Nature of Offense Concluded Number(s)
18 U.S.C. § 922(g) FELON IN POSSESSION OF A FIREARM 3/29/2002 4
The defendant is sentenced as provided in pages 2 through 7
of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984.
[ ] The defendant has been found not guilty on count(s) ___.
[x] Count(s) 18.104.22.168.7.8.9 of the Indictment (is)(are)
dismissed on the motion of the United States.
IT IS FURTHER ORDERED that the defendant shall notify the United States
Attorney for this district within 30 days of any change of name,
residence, or mailing address until all fines, restitution, costs, and
special assessments imposed by this judgment are fully paid. If ordered
to pay restitution, the defendant shall notify the court and United
States attorney of any material change in the defendant's economic
Defendant's Soc. Sec. No.: XXX-XX-XXXX
Defendant's Date of Birth: 5/8/1968
Defendant's USM No.: 92608-011
Defendant's Residence Address:
10662 HONEYBEAR LANE
WHITMORE, CA 96092
Defendant's Mailing Address:
10662 HONEYBEAR LANE
WHITMORE, CA 96092
Upon release from imprisonment, the defendant shall be on supervised
release for a term of 3 years
While on Supervised Release you shall not commit another federal, state
or local crime and shall not illegally possess a controlled substance.
Revocation of supervised release is mandatory for possession of a
The defendant shall refrain from any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 15 days of
release from imprisonment and at least two periodic drug tests
[ ] The above drug testing condition is suspended based on the court's
determination that the defendant poses a low risk of future substance
abuse. (Check if applicable.)
[ ] The defendant shall not possess a firearm, destructive device, or
any other dangerous weapon.
Revocation of supervised release in mandatory for refusal to comply
with drug testing imposed as a condition of supervision.
18 U.S.C. § 3565(b)(3) and 3583(g)(3)
You shall pay the assessment imposed in accordance with
18 U.S.C. § 3013, and shall immediately notify the probation officer of any
change in your economic circumstances that might affect your ability to
pay a special assessment, fine, restitution, or co-payments ordered by
If the judgment imposed a fine or a restitution obligation, it shall be
a condition of supervision that you pay any such fine or restitution that
remains unpaid at the commencement of the term of supervision in
accordance with any Schedule of Payments set forth in the Criminal
Monetary Penalties sheet of the judgment. In any case, the defendant
shall cooperate with the probation officer in meeting any financial
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties
in accordance with the schedule of payments directly following the
Monetary Penalties section.
Assessment Fine Restitution
Totals: $100.00 $ $
[ ] The determination of restitution is deferred until _. An Amended
Judgment in a Criminal Case (AO 245C) will be entered after such
[ ] The defendant shall make restitution (including community
restitution) to the following payees in the amounts listed below.
If the defendant makes a partial payment, each payee shall receive an
approximately proportional payment unless specified otherwise in the
priority order or percentage payment column below. However, pursuant to
18 U.S.C. § 3664(i), all nonfederal victims must be paid in full
prior to the United States receiving payment.
[fn*]Total Amount of Priority Order or
Name of Payee Amount of Loss Restitution Ordered Percentage of Payment
Totals: $_ $_
[fn*] Findings for the total amount of losses are required under Chapters
109A, 110, 110A, and 113A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996. Payments shall be applied
in the following order: (1) assessment, (2) restitution principal, (3)
restitution interest, (4) fine principal, (5) community restitution,
(6) fine interest, (7) penalties, (8) costs, including cost of
prosecution and court costs.
[ ] If applicable, restitution amount ordered pursuant to plea agreement
[ ] The defendant shall pay interest on any fine or restitution of more
than $2,500, unless the fine or restitution is paid in full before the
fifteenth day after the date of the judgment, pursuant to
18 U.S.C. § 3612(f). All of the payment options on Sheet 5, Part B may be
subject to penalties for delinquency and default, pursuant to
18 U.S.C. § 3612(g).
[ ] The court determined that the defendant does not have the ability to
pay interest, and it is ordered that:
[ ] the interest requirement is waived for the [ ] fine and/or [ ]
[ ] the interest requirement for the [ ] fine and/or [ ] restitution
is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total
criminal monetary penalties shall be due as follows:
A [x] Lump sum payment of $100.00 due immediately, balance
[ ] not later than ___, or
[ ] in accordance with () C, () D, or () E below; or
B [ ] Payment to begin immediately (may be combined with () C, () D, or
() E below); or
C [ ] Payment in ___ (e.g. equal, weekly, monthly, quarterly)
installments of $___ over a period of ___ (e.g., months or year(s)), to
commence ___ (e.g., 30 or 60 days) after the date of this judgment; or
D [ ] Payment in ___ (e.g. equal, weekly, monthly, quarterly)
installments of $t_ over a period of ___ (e.g., months or year(s)), to
commence ___ (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or
E [ ] Special instructions regarding the payment of criminal monetary
Unless the court has expressly ordered otherwise in the special
instruction above, if this judgment imposes a period of imprisonment,
payment of criminal monetary penalties shall be due during the period of
imprisonment. All criminal monetary penalties, except those payments made
through the Federal Bureau of Prisons' Inmate Financial Responsibility
Program, are made to the clerk of the court, unless otherwise directed by
the court, the probation officer, or the United States attorney.
The defendant shall receive credit for all payments previously made
toward any criminal monetary penalties imposed.
[ ] Joint and Several
Case Number Joint and Several
(including Defendant Defendant Name Amount
[ ] The defendant shall pay the cost of prosecution.
[ ] The defendant shall pay the following court cost(s):
[ ] The defendant shall forfeit the defendant's interest in the
following property to the United States
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