Free Judgment - District Court of Delaware - Delaware

Case 1:04-mj-00073-MPT

Document 12

Filed 02/28/2006

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UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA

JUDGMENT IN A CRIMINAL CASE
Case Number: 0 4 - 7 3 ~ - ~ p ~ USM Number: 04871-015 Christopher S. Koyste, Esq.
Defendant's Attorney

v.
CALVIN E. DAVIS, J . R,

THE DEFENDANT: H pleaded guilty to count(s)

COUNT I OF THE MISDEMEANOR INFORMATION

pleaded nolo contendere to count@) which was accepted by the court. was found guilty on count(s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses:
Title & Section Nature of Offense Offense Ended Count
I

18:1030(a)(2)

COMPUTER FRAUD

11/19/2003

The defendant is sentenced as provided in pages 2 through the Sentencing Reform Act of 1984. The defendant has been found not guilty on count@) Count@) I1 & IT1 is

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of this judgment. The sentence is imposed pursuant to

are dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of an change of name, residence, . or mailing address until all fines, restitution, costs and s ecial assessments imposed by this judgment are &lly a ~ dIf ordered to pay restitution, the defendant must notify the court and enited bates attorney of material changes in economic CircurnsLces. Februarv 16.2006

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F 2 8 ZM)6 M
DISTRICT OF DELAWARE

Honorable Mary Pat Thynge, United States Magistrate Judge
Name and Title of Judge

Date

a& / &

Case 1:04-mj-00073-MPT
A 0 2458

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(Rev. 06/05) Judgment in a Criminal Case Sheet 4 Probation

DEFENDANT: CALVIN E. DAVIS, JR., CASE NUMBER: 04-73M-MPT

Judgment Page

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PROBATION
The defendant is hereby sentenced to probation for a term of : 3 YEARS

The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of-a controlled substance. The defendant shall submit to one drug test w~thin days of placement on probation and at least two periodic drug tests 15 thereafter, as determined by the court. 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.)

IXI ?he defendant shall not possess a frearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.)

I7 The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or restitution, it is a condition of probation that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION
the defendant shall not leave the judicial district without the permission of the court or probation officer; the defendant shall report to the 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 ten 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 controlled substance or any paraphernalia related to any controlled substances, except as prescr~bedby a physician; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; the defendant shall not associate.with any persons enga ed in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the pro%ationofficer; the defendant shall permit a prqbatipn officer to visit him or her at any time at home or elsewhere and shall permit confiscation of officer; any contraband observed in plain view of the probat~on the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.

Case 1:04-mj-00073-MPT
A 0 2458

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Filed 02/28/2006

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(Rev. 06/05) Judgment in a Criminal Case Sheet 4 % Probation Judgment Page 3

DEFENDANT: CALVIN E. DAVIS, JR., CASE NUMBER: O ~ - ~ ~ M - M P T

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SPECIAL CONDITIONS OF SUPERVISION
1 .) The defendant shall pay any financial penalty that is imposed by this judgment, and that remains unpaid at the commencement of the term of supervised release.

Case 1:04-mj-00073-MPT
A 0 245B

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(Rev. 06/05) Judgment in a Criminal Case Sheet 5 Criminal Monetarv Penalties Judgment Page 4

D E F E N D A N T : CALVIN E. DAVIS, JR., C A S E N U M B E R : 04-73M-MPT

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CRIMINAL MONETARY PENALTIES
T h e defendant m u s t p a y t h e total criminal monetary penalties under the schedule o f payments o n S h e e t 6. Assessment $ 25.00 Fine $

Restitution $3,060.85

TOTALS

The determination o f restitution is deferred until after such determination.

.

A n Amended Judgment in a Criminal Case ( A 0 245C) w i l l b e entered

T h e defendant must m a k e restitution (including community restitution) to the following payees in t h e amount listed below. If the defendant makes a partial payment, each pa ee shall receive an approximatel pro ortioned payment, unless specified otherwise in 8 3664(1), all nonfederal victims must be paid the priority order or percentage payment column elow. However, pursuant to 18 before the United States is paid.

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b.s.8.

Name of Pavee D i s c o v e r F i n a n c i a l Services, Inc.

Total Loss*

Restitution Ordered

Prioritv or Percentage

$3,060.85

ATTN: Restitution P.O.Box# 15048 W i l m i n g t o n , DE 1 9 8 5 0 - 5 0 4 8

RE: -9168

- 0042 - 5158

TOTALS

IXI Restitution amount ordered pursuant to plea agreement $3,060.85
T h e defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date o f the judgment, pursuant to 18 U.S.C. 8 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. 3612(g). T h e court determined that the defendant does not have the ability to pay interest and it is ordered that:
[7 the interest requirement is waived for the [7 fine [7 restitution.

the interest requirement for the

[7 fine

restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 1 8 for offenses committed on or after September 13, 1994, but before April 23, 1996.

Case 1:04-mj-00073-MPT
A 0 245B

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Filed 02/28/2006

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(Rev. 06/05) Judgment in a Criminal Case Sheet 6 schedule o f Pavments Judgment Page 5

CASE NUMBER: 04-73M-MPT

SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: A

rn
q

Lump sum payment of $ 25-00

due immediately, balance due
I

q
[7

not later than

or

inaccordance

[7 C,

q 4

[7

&or

OFbelowor
C,

B
C

Payment to begin inmediately (may be combined with
35 MONTHS

q D, or

C j F below); o r

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Fapent i equal MONIHLY n (e-g., weeklyymonthly, quarterly) instalhmts of $ 75.00 aver a period of (e.g., months or years), to commence 30 DAYS (e.g., 30 or 60 days) after the date of this judgment; or

D

[7 Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after release fiom imprisonment to a term of supervision; or

E
F

(e.g., 30 or 60 days) after release from [7 Payment during the term of supervised release will commence within imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or Special instructions regarding the payment of criminal monetary penalties:

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- [XI Criminal. monetary payments, with the exception ofshall be made athose payments U.S. District Court. Anv restitution restitution and made through the Federal Bureau of Prisons' b a t e Financial Responsibili.~.Program, able to Clerk,
ordered is to be made oawble to the victun. and collected bv the

Special Assessment shall be made payable to Clerk, U.S. District Court.

6%. Probation Office.

ent imposes imprisonment, pa ent of criminal monetary penalties is due durin Unless the court has express1 ordered otherwise, if this ju imprisonment. All criminarmonetary penalties, except t ose payments made through e Federal Bureau of Prisons' Inmate Financia Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

T

td"

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q

Joint and Several Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.

The defendant shall pay the cost of prosecution. The defendant shall pay the following court cost(s):
.

-

-

q

The defendant shall forfeit the defendant's interest in the 'following

toihexnited States:

Pa menfs shall be applied in the fol!owing order: (1 assessment, (2) restitution principal -(3) rest-itutioninterest, (4) fine principal, (5ffme interest, (6) community restitution, (7) pena tles, and (9fswis, inchrdmg cost of$rosecut~on court costs. and

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