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United States of America v. Nickson

May 20, 2011

UNITED STATES OF AMERICA
v.
NICKSON, JOE MICHAEL



The opinion of the court was delivered by: George H. King, U. S. District Judge

AMENDED

Social Security No. 2 3 3 3

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

05 18 2011

Y WITH COUNSEL ELLEN BARRY, APPOINTED

(Name of Counsel)

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

NOLO CONTENDERE NOT GUILTY

There being a find/verdict of Y GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Commit Bank Robbery in violation of TITLE 18 U.S.C. § 371, as charged in Count 1; Armed Bank Robbery; in violation of TITLE 18 U.S.C. § 2113(a)(d); as charged in Counts 2, 4, 6 & 8; Use of Carrying a Firearm During a Crime of Violence; in violation of TITLE 18 U.S.C. § 924(c), as charged in Count 9 of the Second Superseding Indictment.

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 the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

ORDER of the Court on May 18, 2011. The Judgment and Commitment Order is hereby AMENDED so that the

Restitution shall be due during the period of imprisonment, as directed by the Court or the U. S. Attorney, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

Is hereby stricken and replaced with:

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.

All other terms and conditions previously imposed on June 6, 2005, shall remain in full force and effect.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

TERRY NAFISI, CLERK OF COURT

5/20/11 By

/ S /

Filed Date Beatrice Herrera, Courtroom Deputy Clerk

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment: The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed or administered;

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned ...


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