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United States v. Miller

United States District Court Eastern District of California


December 4, 2009

UNITED STATES OF AMERICA
v.
MATTHEW D. MILLER

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November 1, 1987)

Jeffrey Hammerschmidt - Retained

Def endant ' s A t t orney

DEFENDANT:

pleaded guilty to Count(s): of the Superseding Information. pleaded nolo contendere to counts(s) w hich w as accepted by the court. w as found guilty on count(s) after a plea of not guilty.

CCORDINGLY, the court has adjudicated that the defendant is guilty of the follow ing offense(s):

Date Offense Count Section Nature of Offense Concluded Number(s) SECTION 4.2; CA RECKLESS DRIVING UNDER CONSUMING AUGUST 23, 2008 ONE CODE SECTIONS ALCOHOL and 23103.5(a)

The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed to the Sentencing Reform Act of 1984.

The defendant has been found not guilty on counts(s) and is discharged as to such count(s). Count(s) (is)(are) dismissed on the motion of the United States.

Indictment is to be dismissed by Dist rict Court on motion of the United States.

Appeal rights given. [U] Appeal rights w aived.

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this dist rict w ithin of any change of name, residence, or mailing address until all fines, rest itution, cost s, and special s imposed by this judgment are fully paid. If ordered to pay rest itution, the defendant must notify the and United States attorney of material changes in economic circumst ances.

NOVEMBER 19, 2009

Date of Imposition of Judgment

DENNIS L. BECK, United States Magist rate Judge

PROBATION

The defendant is hereby sentenced to unsupervised probation for a term of 2 years.

endant shall not commit another federal, state, or local crime. endant shall not unlaw fully possess a controlled substance. The defendant shall refrain from any unlaw ful use of substance. The defendant shall submit to one drug test w ithin 15 days of release on probation and at least tw o drug tests thereafter, not to exceed four (4) drug tests per month. (NOT APPLICABLE)

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 w eapon. (Check, if applicable.) The defendant shall submit to the collection of DNA as directed by the probation officer. (Check, if applicable.)

The defendant shall register and comply w ith the requirements in the federal and state sex offender registration agency in the jurisdiction of conviction, Eastern District of California, and in the state and in any jurisdiction w here the defendant resides, is employed, or is a student. (Check, if applicable.)

The defendant shall participate in an approved program for domestic violence. (Check, if applicable.) judgment imposes a fine or a restitution obligation, it is a condition of supervised release that the defendant pay in w ith the Schedule of Payments sheet of this judgment.

SPECIAL CONDITIONS OF SUPERVISION

1. The defendant shall participate in a First Time Offender DUI program to obtain assistance for drug or alcohol abuse.

2. The defendant shall complete 25 hours of unpaid community service. The defendant shall pay fees attendant to participation and placement in this program on a sliding scale as determined by the program. Community service shall be completed within one year.

CRIMINAL MONETARY PENALTIES

defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.

Assessment Fine Rest itution als: $10.00 $1,000.00 $

determination of rest itution is deferred until. An Amended Judgment in a Criminal Case (AO 245C) w ill entered after such determination. defendant must make rest itution (including community rest itution) to the follow ing payees in the amount ed below. he defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless ied otherw ise in the priority order or percentage payment column below. How ever, pursuant to 18 U.S.C. 664(i), all nonfederal victims must be paid before the United States is paid.

Payee Total Loss* Restitution Ordered Priority or Percentage LS: $$

itution amount ordered pursuant to plea agreement $defendant must pay interest on rest itution and a fine of more than $2,500, unless the rest itution or fine is 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 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 12(g).

The court determined that the defendant does not have the ability to pay interest and it is ordered that: The interest requirement is w aived for the [ ] fine [ ] rest itution The interest requirement for the [ ] fine [ ] rest itution is modified as follow s:

incarcerated, payment of the fine is due during imprisonment at the rate of not less than $25 per quarter payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program.

Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 enses committed on or after September 13, 1994, but before April 23, 1996.

incarcerated, payment of rest itution is due during imprisonment at the rate of not less than $25 per quarter payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program.

Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 enses committed on or after September 13, 1994, but before April 23, 1996.

SCHEDULE OF PAYM ENTS

Payment of the total fine and other criminal monetary penalties shall be due as follow s:

Lump sum payment of $due immediately, balance due [ ] not later than, or [ ] in accordance w ith [ ] C, [ ] D, [ ] E, or [ ] F below; or ] Payment to begin immediately (may be combined w ith [ ] C, [ ] D, or [ ] F below ); or Payment in equal (e.g., w eekly, monthly, quarterly) inst allments of $over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or Payment in equal (e.g., w eekly, monthly, quarterly) inst allments of $over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or Payment during the term of supervised release w ill commence w ithin (e.g., 30 or 60 days) after release from imprisonment. The court w ill set the payment plan based on an assessment of the defendant' s ability to pay at that time; or Special inst ructions regarding the payment of criminal monetary penalties:

the court has expressly ordered otherw ise, if this judgment imposes imprisonment, payment of criminal ary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through

Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. endant shall receive credit for all payments previously made tow ard any criminal monetary penalties imposed. and Several and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several, and corresponding payee, if appropriate:

defendant shall pay the cost of prosecution. defendant shall pay the follow ing court cost (s): defendant shall forfeit the defendant' s interest in the follow ing property to the United States:

s shall be applied in the follow ing order: (1) assessment; (2) rest itution principal; (3) rest itution interest, principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including costs of ion and court costs.

20091204

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