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United States v. Lineham

February 8, 2010

UNITED STATES OF AMERICA
v.
NATHANIEL GARRARD LINEHAM SOCIAL SECURITY NO. 7 5 7 6 NAT, TESTER (LAST 4 DIGITS)



The opinion of the court was delivered by: U. S. District Judge Andrew J. Guilford

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. FEB 8 2010

X WITH COUNSEL H. Dean Steward, Retained

(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 to Distribute and Possess with Intent to Distribute Cocaine in violation of 21 U.S.C. § 846 as charged in Count 1 of the Indictment in case SACR 08-228-AG; Conspiracy to Import and Distribute 3, 4-Methylenedioxymethamphetamine in violation of 21 U.S.C. § 846, 963 as charged in Count 1of the Indictment in case SACR 08-223-AG and Conspiracy to Money Launder in violation of 18 U.S.C. § 1956(h) as charged in Count 2 of the Indictment in case SACR 08-223-AG 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:

It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately. All fines are waived as it is found that the defendant does not have the ability to pay.

Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Nathanael Garrard Lineham, is hereby committed on Count 1 of Docket Number SACR 08-223 and Counts 1 and 2 of Docket Number SACR 08-228 to the custody of the Bureau of Prisons for a term of 57 months. This term consists of 57 months on each of Count 1 of Docket Number SACR 08-223 and Counts 1 and 2 of Docket Number SACR 08-228, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on Count 1 of Docket Number SACR 08-223 and three years on each of Counts 1 and 2 of the Docket Number SACR 08-228, all such terms to run concurrently, under the following

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

The defendant shall not commit any violation of local, state or federal law or ordinance;

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;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug and alcohol dependency to the aftercare contractor during the period of community supervision, under 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

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

It is the finding of this Court that Mr. Lineham is a U.S. Citizen;

The defendant shall cooperate in the collection of a DNA sample from the defendant;

As directed by the Probation Officer, the defendant shall provide to the Probation officer: (1) a signed release authorizing credit report inquiries; (2) federal and state income tax returns and a signed release authorizing their disclosure and (3) an accurate financial statement, with supporting ...


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