UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF OHIO

UNITED STATES OF AMERICA                  Date: 9/7/05

Case No: 1:05cr192

vs.                                       Judge: Solomon Oliver, Jr.

Jenny D. Noah                             Court Reporter: Heidi Geizer

Date of Arrest:

U.S. Attorney Christian Stickan; Andrea Welhouse w/Dept of Labor

Attorney for Defendant(s):    Joseph W. Gardner       CJA Apt X

William Radaker - Probation  

                        Fed. Defender

Retained:

Defendant arraigned, plea of □ GUILTY □ NOT GUILTY □ NOLO CONTENDERE entered to count(s)________ of the Indictment □ Information □

Plea of NOT GUILTY withdrawn, plea of:

□ GUILTY □ NOLO CONTENDERE entered to count(s)________ □ Indictment

□ Information

□ Referred for Presentence Investigation. Sentencing scheduled for:

Bond $ ________ set □ continued □ Pretrial Detention □

□ Motion of government for detention pending trial. Detention Hearing set for: __________

□ Term Referral to Magistrate Judge

SENTENCE:

Committed to the custody of the Bureau of Prisons for a period of _____ months on count(s)_____

□ Indictment □ Information to run □ consecutively □ concurrently.

Period of _____ years of supervised release with □ standard □ special conditions as ordered

(see reverse side of form).

Fined the sum of $______      Fine Waived X

Restitution $ 500.00    Not ordered □ Reason _____________________

I.S.S., Probation ordered for a period of 2 months □ years X on count(s) 1

X Indictment □ Information with □ standard X special conditions as ordered (see reverse side of form).

The defendant is to pay a special assessment of $ 25.00 on counts _____. Total $ 25.00

Upon motion of U.S. Attorney, counts(s)_______ of the □ Indictment □ Information are hereby dismissed.

STANDARDS AND SPECIAL CONDITIONS OF SUPERVISED RELEASE/PROBATION

X     The defendant shall provide the probation office access to any requested financial information.

□ The defendant shall not incur new credit charges or open additional lines of credit without the approval of the Probation Officer unless the defendant is in compliance with the payment schedule.

□ The defendant shall reside in a community treatment center, halfway house, or similar facility of a period of _____ days □ months □ to begin not later than __________(Work □ medical □ release privileges granted).

□ The defendant shall participate in the Home Confinement Program (with □ without □ ) electronic monitoring for a period of ____ days □ months □ beginning no later than ____ calendar days from release from custody. The defendant is required to remain at residence unless given written permission to be elsewhere. The defendant may leave residence to work, to receive medical treatment and to attend religious services. The defendant may participate in the Earned Leave Program. The defendant (is □ is not □) to pay the cost of the program.

□ The defendant shall participate in an outpatient program approved by the U.S. Probation Office for the treatment of alcohol and/or drug dependency which will include testing to determine if the defendant has reverted to the use of alcohol and/or drugs.

□ The defendant shall participate in an outpatient mental health program approved by the U.S. Probation Office.

□ The defendant shall pay the imposed fine of $ ___________

X     The defendant shall make restitution to PACE, AFL-CIO Local 5-1250 thru the Clerk of Courts in the amount of $ 500.00 in full; or minimum rate of $50.00 per month

□ The execution of the sentence of imprisonment is deferred and the bond continued until _____ at which time the defendant shall surrender to the United States Marshal for this district, or the designated institution prior to 2:00 p.m.

□ The defendant’s bond is revoked and the defendant is remanded to the custody of the United States Marshal.

□ The defendant shall report in person to the U.S. Probation Office in the district to which the defendant is released within 72 hours of release from custody of the Bureau of Prisons.

□ Pursuant to The Violent Crime and Law Enforcement Act of 1994, the defendant is subject to a mandatory drug test within 15 days following the commencement of supervision and at least two additional drug tests during the course of supervision.

□ Recommendation to the Bureau of Prisons: _________________

X     The defendant shall not possess a firearm as defined in 18 U.S.C. Section 921, nor possess any dangerous weapon.

□ The defendant shall participate in the Bureau of Prisons Drug Treatment Program while incarcerated.

□ Plea agreement executed by parties.

□ Pretrial Conference is scheduled and will take place on: ___________

□ Jury Trial is scheduled and will take place on:______________   

□ Sentencing scheduled for: _______________

X The defendant advised of his appeal rights.

□ The defendant is granted credit for time already served in relation to this matter.

COMMENTS: While on probation, no other crimes, no substance abuse. Mandatory drug testing suspended. Special assessment of $25.00 due immediately. Cooperation in DNA collection.

Total Time: 30 minutes

s/ Donna M. Hach

Courtroom Deputy Clerk

Copy issued to Probation, Pretrial Services, U.S. Attorney, and USM