United District Court

SOUTHERN DISTRICT OF IOWA

 

UNITED STATES OF AMERICA                  JUDGMENT IN A CRIMINAL CASE

v.                            (For Offenses Committed on or After 11/1/87)

 

Case Number: 02-256

Joleen Rae Coughlon

 

Barbara J. Diment

Defendant’s Attorney

 

THE DEFENDANT:

[X] pleaded guilty to count(s) two, three and seven.

[ ] pleaded nolo contendere to count(s).

[ ] was found guilty on count(s)  After a plea of not guilty.

 

 

Date Offense      Count

Title and Section       Nature of Offense       Concluded         Number(s)

T.29:501                Embezzlement of         1/25/00 &       Two & three

a Labor Union           2/17/00         respectively       

T.29:439                False Entry in Records  5/17/00           Seven

 

 

[ ] The defendant is sentenced as provided in pages through ___ of this Judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

      [ ] The defendant has been found not guilty on count(s).

[X] Count(s) one, four, five, and six is/are dismissed on the motion of the United States.

 

REMINDER:

ADVISE DEPENDANT OF ANY RIGHTS TO APPEAL

It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this Judgment are fully paid.

 

Defendant’s Date of Birth:               

Defendant’s USM Number: XXX-XX-XXX        Date of Imposition of Judgment

                                          /SIGNED/________________

Defendant’s Mail Address:                 Signature of Judicial Officer

                                           James E. Gritzner,

  U.S. District Judge

Defendant’s Residence Address:            Name and Title of Judicial Officer

                                          7/2/2003

                                          Date

 

 

PROBATION

 

The defendant is hereby placed on probation for a term of 4 year(s).

 

The defendant shall not commit another Federal, State or local crime.

 

The defendant shall not illegally possess a controlled substance.

 

For offenses c on or after’ September 13, 1994:

 

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and as least two periodic drug tests thereafter, as directed by the Probation Officer.

[ ] 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.):

[X] The defendant shall not possess a firearm as defined in 18. U.S.C. §921. (Check, if applicable)

 

If this judgment imposes a fine or a restitution obligation it shall be a condition of probation that the defendant pay any such fine or restitution in accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment.

The defendant shall comply with the standard conditions that have been adopted by this Court (set forth below). The defendant shall also comply with the additional conditions on the attached page. (If indicated below)

See Special Conditions of Supervision-Page.

 

STANDARD CONDITIONS OF PROBATION

 

1)    the defendant shall not leave the judicial district without permission of the court or probation officer;

2)    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;

3)    the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4)    the defendant shall support his or her dependents and meet other family responsibilities;

5)    the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons;

6)    the defendant shall notify the probation officer ten days prior to any change in residence or employment;

7)    the defendant shall refrain from excessive use of alcohol;

8)    the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9)    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;

l0)   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;

11)   the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

12)   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;

13)   as directed by the probation officer, the defendant shall notify third party 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 notification and to confirm the defendant’s compliance with such notification requirement;

 

SPECIAL CONDITIONS OF PROBATION

Restitution in the amount of $6,445.36 is ordered. You shall cooperate with the Probation Officer in developing a monthly payment plan consistent with a schedule of allowable expenses provided by the Probation Office. You shall allow the Probation Office access to financial records including income tax returns, and checking accounts. You shall not enter into any financial agreement, incur new credit charges, open additional lines of credit, or checking account, or make any purchases in excess of $300 without approval of the U.S. Probation Officer. You may be required to participate in an IRS offset program which may include the garnishment of wages, or seizure of all or part of any income tax refund to be applied toward the restitution balance.

You shall work only at employment approved by the U. S. Probation Office. You shall consult the U. S. Probation Office prior to any changes in employment. You shall not terminate any employment without prior approval from the U. S. Probation Office.

 

CRIMINAL MONETARY PENALTIES

The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth on Sheet 5, Part B.

ASSESSMENT        FINE        RESTITUTION

Totals:               $225.00         $0          $6,445.36

 

[ ]   if applicable, restitution amount ordered pursuant to plea agreement $

 

FINE

The above fine includes cost of incarceration and/or supervision in the amount of $

The defendant shall pay interest on any fine of more than $2,500, unless the fine is paid in full before the fifteenth day after the date of judgment, pursuant to 18 U.S.C §3612(f). All of the payment options on Sheet 5, Part B may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g).

[ ]   The Court has determined that the defendant does not have the ability to pay interest and it is ordered that:

[ ] The interest requirement is waived.

[ ] The interest requirement is modified as follows:

 

RESTITUTION

[ ]   The determination of restitution is deferred until    . An Amended Judgment in a Criminal Case will be entered after such a determination.

[X]   The defendant shall make restitution to the following payees in the amounts listed below;

If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise in the priority order or percentage payment column below,

  

      AMOUNT OF        PRIORITY ORDER OR

NAME AND ADDRESS OF PAYEE   *TOTAL AMOUNT   RESTITUTION ORDERED   PERCENTAGE OF

OF LOSS                                PAYMENT

Laborers’ International     $6,445.36           $6,445.36             100%

Union of North America

Local 177

ATN: Leonard Leo, President

     2121 Delaware

     Des Moines, IA 50317

      TOTALS                $6.445.36           $6,445.36

 

[x]   The Court ha determined that the defendant does not have the ability to pay interest and it is ordered that;

[X]   The interest requirement is waived.

[ ]   The interest requirement is modified as follows:

 

*Finding for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed an or after September 13, 1994 but before April 23, 1996.

 

SCHEDULE OP PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties shall be due as follows:

A     [X]   Lump sum payment of $__225.O0________ due immediately, balance due

[ ]   Not later than ________________, or

[ ]   in accordance with [ ]C, [ ]D, or [X]E below; or

B     [ ]   Payment to begin immediately, (may be combined with [ ]C, [ ]D, or [ ]

            E below); or

C     [ ]   Payment in _____________(e.g., equal weekly, monthly, quarterly)

installments of $____________over a period of __________________(e.g., months or years). to commence ____________(e.g., l0 or 60 days) after the date of this Judgment; or

D     [ ]   Payment in __________ (e.g.. equal, weekly, monthly, quarterly)

installments of ____________ over a period of __________ (e.g., months or years), to commence _____________ (e.g.. 30 or 60 days) after release from imprisonment to a term of supervised release; or

E     [X]   Special instructions regarding the payment of criminal monetary

            penalties:

While on Supervised Release, you shall cooperate with the Probation Officer in developing a monthly payment plan consistent with a schedule of allowable expenses provided by the Probation Office.

Nothing in this judgment shall be construed as a limitation on the authority of the United States to apply to the Court for a writ of execution or a writ of garnishment subject to the approval of the Court in accordance with the Federal Debt Collection Procedure Act, 28. U.S.C. §§ 3011, et seq., or applicable State law, during the time period that the defendant is incarcerated or under supervision pursuant to this judgment. (See. 18. U.S.C. §3664(m).

Nothing in this judgment shall be construed as a limitation or restriction on the authority of the Bureau of Prisons to require additional payments as a condition for an assignment or for participation in any program.

Unless the Court has expressly ordered otherwise, in the special instruction above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Financial Responsibility Program, are made to the Clerk of the Court, unless otherwise directed by the Court, the Probation Officer, or the United States Attorney. The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.

 

[ ]   Joint and Several

Defendant Name, Case Number and Joint and Several Amount:

[ ]   The defendant shall pay the cost of prosecution.

[ ]   The defendant shall pay the following court cost(s):

[ ]   The defendant shall forfeit the defendant’s interest in the following property to the United States:

 

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine interest, (7) penalties, (B) costs, including cost of prosecution and other Court costs.