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United States v. Crouch

February 11, 2009

UNITED STATES OF AMERICA
v.
CALVIN O'NEAL CROUCH SOCIAL SECURITY NO. 6547 SOMEBODY (LAST 4 DIGITS)



AMENDED JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. JAN. 30 2006

X WITH COUNSEL Jay Lichtman, appointed

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy, Class D Felony, in violation of Title 18 United States Code, Section 371, as charged in Count 1 of the Second Superseding Indictment. Armed Bank Robbery, Class B Felony, in violation of Title 18 United States Code, Section 2113(a)(d), as charged in Count 2 of the Second Superseding Indictment. Use of Carry firearm During Crime of Violence, Class A Felony, in violation of Title 18 United States Code, Section 924(c), as charged in Count 3 of the Second Superseding Indictment.

The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: Nine( 9) years, four (4) months and nineteen (19) days.

The Court ORDERS the defendant to pay to the United States a special assessment of $300.00, to the Clerk of the Court. It is ordered that the defendant shall pay restitution in the total amount of $11,511 pursuant to 18 U. S. C. § 3663A.

The amount of restitution ordered shall be paid as follows:

Amount $11,511

Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least $25 shall be made during the period of supervised release.

These payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the amount

Pursuant to 18 U. S. C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U. S. C. §3612(g).

The defendant shall be held jointly and severally liable with co-defendants Reggie Breaux, Brian Darnell Berkley, Anthony King, Kevin Dwayne Johnson, and Damien Ballott for the amount of restitution ordered in this judgment.

The defendant shall comply with General Order No. 01-05.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Calvin O'Neal Crouch, is, hereby, committed on Counts 1 through 3 of the Second Superseding Indictment, to the custody of the Bureau of Prisons to be

Nine( 9) years, four (4) months and nineteen (19) days .

This term consists of 36 months on Counts 1 and 2, on the Second Superseding Indictment, to be served concurrently, and 84 months on Count 3, to be served consecutively to the terms imposed on Counts 1 and 2.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years. This term consists of five years on each of Counts 2 and 3 and three (3) years on Count 1, all such terms to run concurrently under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318.

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, not to exceed eight tests per month, as directed by the Probation Officer.

During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment.

The defendant shall never have in his possession any guns and shall cooperate in the collection of a DNA sample.

The Court informs the defendant of his right to appeal. Government's motion to dismiss ...


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