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U.S. v. BARTH

June 16, 2004.

U.S.
v.
KEVIN LEE BARTH.



The opinion of the court was delivered by: CHARLES BREYER, District Judge

JUDGMENT IN A CRIMINAL CASE

THE DEFENDANT:

  [x] pleaded guilty to count(s): 1, 2, 3, 4 and 5 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):

  The defendant is sentenced as provided in pages 2 through 12 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) ____.

  [] Count(s) ____ (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 circumstances. ADDITIONAL COUNTS OF CONVICTION

  Date Offense Count Title & Section Nature of Offense Concluded Number(s)

 18 U.S.C. § 1341 Mail Fraud 1

 18 U.S.C. § 1341 Mail Fraud 2

 18 U.S.C. § 1341 Mail Fraud 3

 18 U.S.C. § 1341 Mail Fraud 4

 
18 U.S.C. § 1341 Mail Fraud 5 IMPRISONMENT
  The defendant is hereby committed to the custody of the Bureau of Prisons for a terms of seven (7) days as to counts 1 through 5, to be served concurrently with credit for time served.

  [] The Court makes the following recommendations to the Bureau of Prisons:

  [] The defendant is remanded to the custody of the United States Marshal.

  [] 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 Officer.
RETURN
I have executed this judgment as follows: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________

  Defendant delivered on ___________ to ________________________ at ______________________________, with a certified copy of this judgment.

 
_______________________ UNITED STATES MARSHAL
By ______________________ Deputy U.S. Marshal SUPERVISED RELEASE
  Upon release from community confinement, the defendant shall be on supervised release for a term of three (3) years as to counts 1 through 5, to be served concurrently.

  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 controlled substance.

  You shall refrain from any unlawful use of a controlled substance. You shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter.

  [] 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] Youshall 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 the Court.

  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 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 ...


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