United States District Court, N.D. California
June 9, 2004.
JAMES WILLIAM KILGORE.
The opinion of the court was delivered by: MARILYN PATEL, Chief Judge, District
JUDGMENT IN A CRIMINAL CASE
[x] pleaded guilty to count(s): One 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. § 1542 False Statement in Application for Passport 1
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. This court's bench order, made at
the time of sentencing, is hereby deemed incorporated.
 The defendant has been found not guilty on count(s) ____.
 Count(s) ____ (is) (are) dismissed on the motion of the
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 circumstances. IMPRISONMENT
The defendant is hereby committed to the custody of the United
States Bureau of Prisons to be imprisoned for a total term of 6
months, to be served consecutively to the sentence imposed in
USDC NDCA 3: CR 76-0492 MHP.
[x] The Court makes the following recommendations to the Bureau
of Prisons: Placement of defendant in Lompoc Facility, or in a
facility located near family residence.
[x] The defendant is remanded to the custody of the United
 The defendant shall surrender to the United States Marshal
for this district.
 at ____ on ____.
 as notified by the United States Marshal.
 The defendant shall surrender for service of sentence at the
institution designated by the Bureau of Prisons:
 before ____ on ____.
 as notified by the United States Marshal.
 as notified by the Probation or Pretrial Services
I have executed this judgment as follows:
Defendant delivered on _________________ to
_____________________________ at ____________________________,
with a certified copy of this judgment.
UNITED STATES MARSHAL
Deputy U.S. Marshal
Upon release from imprisonment, the defendant shall be on
supervised release for a term of 2 years.
While on Supervised Release, the defendant 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 controlled substance.
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 thereafter.
[x] 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.)
[x] The defendant shall not possess a firearm, destructive
device, or any other dangerous weapon.
Revocation of supervised release is 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)
The defendant shall pay the assessment imposed in accordance
with 18 U.S.C. § 3013, and shall immediately notify the
probation officer of any change in his economic circumstances
that might affect his ability to pay a special assessment, fine,
restitution, or co-payments ordered by the Court.
If the judgment imposed a fine or a restitution obligation, it
shall be a condition of supervision that defendant 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 obligations STANDARD CONDITIONS OF SUPERVISION
It is the order of the Court that the defendant shall comply
with the following standard conditions:
1) The defendant shall not leave the judicial district or other
specified geographical area without permission of the Court or
the probation officer;
2) The defendant shall report to the probation officer as
directed by the Court or the probation officer, and shall submit
a truthful and complete written report within the first five days
of each month;
3) The defendant shall answer truthfully all inquiries by the
probation officer and follow the instructions of the probation
4) The defendant shall support his or her dependants and meet
other family responsibilities, including but not limited to,
compliance with the terms of any court order or administrative
process pursuant to the laws of a state, the District of
Columbia, or any other possession or territory of the United
States, requiring payments by the defendant for the support and
maintenance of any child or of a child and the parent with whom
the child is living;
5) The defendant shall work regularly at a lawful occupation
unless excused by the probation officer for schooling, training,
or other acceptable reasons;
6) The defendant shall notify the probation officer at least
ten (10) days prior to any change in residence or employment;
7) The defendant shall consume no alcohol if sentenced to the
special condition that the defendant is to participate in a
8) The defendant shall refrain from excessive use of alcohol
and shall not purchase, possess, use, distribute, or administer
any controlled substance or any paraphernalia related to any
controlled substance, except as prescribed by a physician;
9) The defendant shall not frequent places where controlled
substances are illegally sold, used, distributed, or
10) The defendant 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
11) The defendant shall permit a probation officer to visit the
defendant at any time at home or elsewhere, and shall permit
confiscation of any contraband observed in plain view by the
12) The defendant shall notify the probation officer within
seventy-two (72) hours of being arrested or questioned by a law
13) The defendant 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;
14) The defendant shall notify third parties of risks related
to the defendant's criminal record, personal history, or
characteristics, and shall permit the probation officer to make
such notifications and/or confirm the defendant compliance with
this notification requirement SPECIAL CONDITIONS OF SUPERVISION
1) The defendant shall not possess any false identification and
shall provide his or her true identity at all times.
2) The defendant shall submit his/her person, residence,
office, vehicle, or any property under his/her control to a
search. Such a search shall be conducted by a United States
Probation Officer at a reasonable time and in a reasonable
manner, based upon reasonable suspicion of contraband or evidence
of a violation of a condition of release. Failure to submit to
such a search may be grounds for revocation. The defendant shall
warn any residents that the premises may be subject to searches.
3) The defendant shall not own or possess any firearms,
ammunition, destructive devices, or other dangerous weapons.
4) The defendant shall pay any special assessment that is
imposed by this judgment and that remains unpaid upon the
commencement of the term of supervised release. 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: $ 50.00 $ waived $
 The determination of restitution is deferred until ____. An
Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.
 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
[fn*]Total Amount of Priority Order or
Name of Payee Amount of Loss Restitution Ordered Percentage of Payment
Totals: $ ____ $ ____
 If applicable, restitution amount ordered pursuant to plea
 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  restitution.
 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 $50.00 due immediately, balance due
[x] not later than 4/26/2004, 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 $____ 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
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.
[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,
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