Free Judgment Returned Executed - District Court of Arizona - Arizona

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4 _ _ UN/TES STAT S DISTRICT COURT
~· JUN 2 1 guiprsrnrc or= ARIZONA NOV 12 2003
united States fwgigq pigmcy com · ENDED 11/10/03 SENTE g`m&w¤°°i2¤°$,imT
DIQTRICT OF ARIZONA J DGMENT IN A CRIMI ’ UW
V, _ 1_S_ T g_____i____ P DEPUW » ness Commrltedcn orAIler November 1, 1907) U
Al' : M tth R k ; "D _
Sasggg a ew Oggen amp a Charles M. McNulty (Appointed)
Phoenix, Arizona "°°"`°’ '°'°°i°"°""
USM#: 80477-008 DOB: 9/30/83 SSN: 346~80—1128
THE DEFENDANT ENTERED A PLEA OF guilty on 8/11/2003 to Count ONE ofthe Supereedlng
Indictment. P
ACCORDINGLY, THE COURTHASADJUDICATED THATTHE DEFENDANTISGUILTY OF THE
FOLLOWING OFFENSE: violating Title 18, USC §21 13(a). (d), and 2, Armed Bank Robbery, Aiding
and Abetting, a Class B Felony offense, as charged in Count ONE of the Superseding Indictment.
IT IS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the custody
of the Bureau of Prisons for a term of FORTY SIX (46) MONTHS on Count ONE. Upon release
from imprisonment the defendant shall be placed on supenrised release for a term of FIVE (5)
YEARS on Count ONE. The sentence imposed shall run concurrent with the sentence imposed in
Maricopa County Superior Court CR2003-013135-001 DT. The Court recommends that the
defendant participate in the Bureau of Prisons Residential Drug Abuse Treatment Program.
ITIS ORDERED dismissing all remaining counts.
CRIMINAL MONETARY PENALTIES
The defendant shallcpay to the Clerk, U.S. District Court. Attn: Finance, Suite 1§0, 401 West
Waszlngton St.. SP 1 , Phoenix. Arizona 85003-2218, the following total criminal monetary
pena ies:
SPECIAL ASSESSMENT: $100.00 FINE: $0 RESTITUTION: $2.772.00
The Court finds the defendant does not have the ability to pay and orders the fine waived.
The total special assessment of $100.00 shall be paid pursuant to 'l'itle 18. United States Code,
Section 3013 for Count ONE of the Supersedlng indictment.
The defendant shall pag restitution to victim Bank One in the amount of $2.772.00. While
incarcerated, payment s all begin under the Bureau of Prisons Inmate Financial Responsibility
Program. The remaining balance is to be paid in monthly payments of at least$100.00 commencing
60 days after the defendant’s release from imprisonment. e Court hereby waives the imposition
of Interest and penalties on any unpaid balance. The defendants restitution obligation shall be paid
jointly and severally with other defendants in this case until full restitution is pa d.
All monetary penalties are due immediately or in regular monthly installments. ll incarcerated, payments shall begin under '
the Bureau ot‘Prisons Inmate Financial Responsibility Program. Any unpaid balance shall beoomea condition of supervrsi¤¤_
and shall be paid within 90 days prior to the expiration of supervision. Until all restituilons, fines. special assessments
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; USA vs. Matthew Martin Mlsavage
costs are fully paid, the defendant shall immediately no ' the Cleric U.S. District Court. of any change in MMOHIG address.
SUPERti%SED RELEASE
tépon release from imprisonment, the defendant is placed on supenrised release fora term of FIVE
( ) YEARS on Count ONE.
The defendant shall report to the probation ofhce in the district to which the defendant is released
within 72 hours of release from the custody of the Bureau of Prisons.
For mmitt on 0 after Se tem 13 1 94: The defendant shall refrain from an
una ul useo acontro e su stance. ursuantto1 §356§(a)(5) and 3583(d) the defendant
shall submit to one drug test within 15 days of release from mprrsonment and such other periodic
drug tests thereafter, as directed from time to time by the probation officer.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921.
The defendant shall comply with the standard conditions of supervision adopted by this Court in
General Order 99-9: _ _
1 You shall not commit another federal, state, or local cnme during the term of supervision.
2 You shall not leave the judicial district or other specified geographic area without the
permission of the Court or probation officer.
3) ou shall reglort to the Probation Office as directed bg; the Court or probation officer and shall
submit a tru ful and complete wntten report within _e first five dogs of each month.
4) You shall answer truthfully all inquiries by the probation officer an follow the instructions of
the probation officer.
5 You shall support your dependents and meet other family responsibilities.
_ 6 You shall wo_ regularly at a lawful occupation unless excused by the probation officer for
schooling, training, or o her acceptable reasons.
7) You [sha ngtify e probation o lcer at least ten days prior to any change of residence or
em o en
8) Yolfshgll refrain from excessive use ofalcohol and shall not purchase, possess, use, distribute
‘ or administer any narcotic or other controlled substance, or any parap emalia related to such
substances, except as prescribed by a physician. Possession of controlled substances will
result in mandatory revocation of your term of supervision. lf ordered bywthe Court to
partlcgvate in a drug and/oralcohol abuse treatment program, you shall totally a tain from the
irseto any alcoho ic beverages or other ihtoxicants during and after the course of your _
rea men .
9) You shall not frequent places where controlled substances are illegally sold. used. distributed
or administered, or other places specrfied by the Court, _ _ _
10) You shall not associate with any fpersons engaged ln cnmmal activity, and shall not associate
wfiith any person convicted of a elony unless granted permission to do so by the probation
o cer.
1 1) You shall pemilt a probation ofhcer to visit at any time at home or elsewhere and shall permit
confiscation of any contraband observed in plain vlew by the robation officer. _
12) You shall immediately notipr the probation officer fwith n folgy·elghtfg1r8) hours if dunng a
weekend or on a holi ay) o being arrested or cguest oned by a law en cement officer.
13) You shall not enter into any agreement_to a as an rnfonner or a special agent of a law
enforcement agency withou the germlssron of the Court. _ _
14) As directed by the probation o rcer, you shall notify third parties of risks that may be
occasioned {hiv your criminal record orgersonal history or characteristics, and shall pemi fthe
probation o cer to make such nots cation and to confirm your compliance with such
notification requirement. _
i 15) You shall refrain from possessing a Hrearm, destructive device, or other dangerous wearlglon.
Possession of a firearm will resu t in mandatory revocation of [your term of supervision. rs
Grohibltron does not apgly to misdemeanor cases unless spec al condition imposed by Court.
16) nless suspended by e Court. you shall submit to one substance abuse test within the first
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` USA vs. Matthew Martin Misavage
J
15 dags of supervision and at least two periodic substance abuse tests thereafter. pursuant to
18 U. .C. §§ 3563(a)(5) and 3583(d);
17) lf supervision follows a term of impnsonment, you shall report in n to the Probation Ohioe
in the district to which you_ are re eased within seventy-two hours of release.
- 18) The balance of any financial obligation ordered bd; this Cou s all be paid in regular monthly
installments approved by the probation ohicer. e full amount to be paid 90 days prior to
expiration of supervision. You will notify the probation officer of any material change in your
economic circumstances that might a ect your ability to pay restitution, lines, or special
assessments.
. The following special conditions are in addition to the conditions ofsupenrised release or supersede
any related standard condition:
1. You shall participate as instructed byothe probation officer in a program of substance abuse
treatment which may include testing r substance abuse. You sha l contnbute to the cost of
treatment in an amount to be determined by the probation officer.
2. You shall submit to search of person, property, vehicles, business, and residence to be
conducted in a reasonable manner and at a reasonable time by, or at the direction of, the
probation officer.
3. You shall provide the probation officer access to any requested financial information.
4. You shall participate in a mental health program as directed by the probation ofticerwhich may
include taking prescribed medication. You shall contribute tot e cost of treatment ln an
amount to be detennined by the probation officer.
5. You are prohibited from owning, maintaining or using a firearm. l
6. You shall abstain from all use of alcohol or alcoholic beverages.
7. You shall not have contact with oo-defendant Christopher Hamilton.
The Court may change the conditions of probation or supervised release or extend the term of
supervision, if less than the authorized maximum. at any time during the period of probation or
supervised release. The Court may issue a warrant and revoke the original or any subsequent
sentence for a violation occurring during the period of probation or supervised release.
lT IS FURTHER ORDERED that the Clerk of the Court deliver two certified copies of this judgment
to the United States Marshal of this district.
Date of imposition of Sentence: Wednesday, November 5, 2003 "
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( fl ""·- &3*'•'·-! +·<'<-vn-?-` Date *0; aéa?
PAUL G. ROSENBLATT, United States District Judge
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.,,~ ’ ' USA vs. Matthew Martin Misavage
RETURN
lhave executed this Judgm ent as follows: E l I
Defendant delivered on to at ( . the lnstltulion
designated y the Bureau of · ¤·• s, with a cerlilied copy of this judgment a 4 m case. ,
QTL, A Q ll By: AIAA, It U ·
CC: USA/CNSL(Charles M. McNulty)/PROB()/PTS/FIN/JUDGE/USM(2 certified)
cn 03-0012a0¤=·Pl0©PGn - C tmvna ¤ Shun
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