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United States v. Barrett

March 16, 2010

UNITED STATES OF AMERICA
v.
MICHAEL DAVID BARRETT S.SEC.#-------5371 DEFENDANT



The opinion of the court was delivered by: Manuel L. Real District Judge

Residence: N/A

Mailing: SAME

JUDGMENT AND PROBATION/COMMITMENT ORDER

In the presence of the attorney for the government, the defendant appeared in person, on: MARCH 15, 2010

Month / Day / Year

COUNSEL:

However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.

XX WITH COUNSEL David Willingham, retained _X_PLEA:

XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.

FINDING:

There being a finding of GUILTY, defendant has been convicted as charged of the offense(s) of: Stalking in violation of Title 18 USC 2261A(2)(A),(b)(5) as charged in the single-count information.

JUDGMENT AND PROBATION/COMMITMENT ORDER:

The Court asked whether defendant had anything to say 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 defendant is placed in the custody of the Bureau of Prisons to be imprisoned for a term of:

Thirty (30) months.

IT IS FURTHER ORDERED AND ADJUDGED that upon release from imprisonment defendant shall be placed on supervised release for a term of three (3) years under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 2) shall during the period of community supervision pay the special assessment, fine, and restitution in accordance with this judgment's orders pertaining to such payment;

3) shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer; 4) shall as directed by the Probation Officer, pay all or part of the costs of treating the defendant's psychological/psychiatric disorders to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672; and shall provide payment and proof of payment as directed by the Probation Officer; 5) shall not contact, or attempt to contact, victim Andrews or her family, including but not limited to her parents, siblings, other relatives, any spouse or significant other with whom victim may share an intimate relationship (whether existing now or during the pendency of any term of supervised release), and any children of victim Andrews, directly or indirectly by any means,including but not limited to in person, by mail, telephone, email, text message, or otherwise via the internet or other electronic means, or through a third party, 6) shall not attempt to locate victim Andrews or her family or attempt to obtain information concerning the whereabouts, phone numbers, email addresses, or other personal identifiers of victim Andrews or victim's family; 7) shall remain at least 100 yards from victim Andrews at all times; 8) shall not travel on any commercial airliner without prior approval of the Probation Officer; 9) shall not stay in a hotel without prior approval of the Probation Officer; 10) the defendant's employment shall be approved by the Probation Officer, and any change in employment must be preapproved by the Probation Officer; the defendant shall submit the name and address of the proposed employer to the Probation Officer at least 10 days prior to any scheduled change; defendant agrees and understands that his employment information shall be provided to victim Andrews or her representatives by the Probation Office; 11) the defendant's residence shall be approved by the Probation Officer, and any change in residence must be preapproved by the Probation Officer; the defendant shall submit the address of the proposed residence to the Probation Officer at least ten days prior to any scheduled move; defendant agrees and understands that his residence information shall be provided to victim Andrews by the Probation Office; 12) shall cooperate in the collection of a DNA sample from the defendant.

IT IS FURTHER ORDERED that defendant shall comply with General Order 01-05.

IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.

IT IS FURTHER ORDERED that the defendant pay a total fine to the United States of $5,000.00.

IT IS FURTHER ORDERED that the defendant pay restitution in the total amount of $7,366.00 to victim Erin Andrews, which is to be paid forthwith.

IT IS FURTHER ORDERED that execution of the custody portion of this judgment is stayed until May 3, 2010 by 12 noon, by which date and time the defendant shall self-surrender to the designated facility, or to the U.S. Marshal located at 255 East Temple Street, ...


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