UNITED STATES DISTRICT COURT
MIDDLE District of PENNSYLVANIA
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v.
(For Offenses
Committed On or After November
1, 1987)
JAMES HUBLER Case Number: 4:02-CR-305-01
D.
Toni Byrd, Esquire
Defendant’s
Attorney
THE DEFENDANT:
X pleaded guilty to count(s) Count 1 of Information__________________
[] pleaded nolo contendere to count(s)
_______________________________
which was accepted by the court.
[] was found guilty on count(s)
______________________________________
after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is guilty
of the following offense(s):
Date Offense Count
Title & Section Nature of Offense Concluded Number(s)
29:501 Embezzlement of Labor 02/01/01 1
Union
Assets
The defendant is sentenced as
provided in pages 2 through 8 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)_____________
Count(s) _______________________
is [] are dismissed on the motion of the United States.
IT IS 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. If ordered to pay restitution, the defendant
shall notify the court and United States
attorney of any material change in the defendant’s economic circumstances.
Defendant’s Soc. Sec._______________ September 25, 2003
Defendant’s Date of ________________ Date of Imposition of Judgment
Defendant’s USM No.: _______________ /SIGNED/_______________
Defendant’s Residence Address: Signature of Judicial Officer
___________________________________
___________________________________ MUIR, U.S. DISTRICT JUDGE
___________________________________ Name and Title of Judicial Officer
___________________________________
Defendant’s Mailing Address: September 29, 2003
___________________________________ Date
___________________________________
___________________________________
___________________________________
IMPRISONMENT
Pursuant to the Sentencing Reform
Act of 1984, the defendant is hereby committed to the custody of the United
States Bureau of total Prisons to be imprisoned for a total term of three
(3) months and three (3) weeks
This sentence is concurrent with the defendant’s
imprisonment pursuant of the judgment in Columbia County Court of Common Pleas
at Docket 2002-874.
X The court makes the following recommendations to the
Bureau of Prisons:
The Court
recommends that the Bureau of Prisons designate Columbia County Prison to be
the place of service of this sentence, thereby making this sentence concurrent
with the defendant’s imprisonment pursuant to the judgment in Columbia County
Court of Common Pleas Docket No. 2002-874.
X The defendant is remanded to the custody of the
United States Marshal.
[] The defendant shall surrender to the United States
Marshal for this district:
[] at ________ [] am. [] p.m. on
_______________________
[] as notified by the United States
Marshal.
[] The defendant shall surrender for service of
sentence at the institution designated by the Bureau of Prisons:
[] before 2 p.m. on _______________________
[] as notified by the United
States Marshal.
[] as notified by the Probation or
Pretrial Services Office.
[] The defendant is to contact the United States
Marshal’s Office no later than three days prior to the above date to be
notified of the place of confinement.
RETURN
I have executed this judgment as follows:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Defendant delivered on __________________to
____________________
at __________________________ , with a certified copy of
this judgment.
_______________________
UNITED STATES MARSHAL
By ____________________
DEPUTY
UNITED STATES MARSHAL
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on
supervised release for a term of two (2) years
The defendant shall report to the
probation office in the district to which the defendant is released within 72
hours of release from the custody of the Bureau of Prisons.
The defendant shall not commit another federal, state or
local crime.
The defendant shall not illegally possess a controlled
substance.
For offenses committed 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 release from imprisonment and at least two periodic
drug tests thereafter as directed by the probation officer.
[X] 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.)
If this judgment imposes a fine or
a restitution obligation, it shall be a condition of supervised release that
the defendant pay any such fine or restitution that remains unpaid at the
commencement of the term of supervised release 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.
STANDARD
CONDITIONS OF SUPERVISION
1) the defendant shall not leave the judicial district without the
permission of the court or probation officer;
2) 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;
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 at least ten
days prior to any change in residence or employment;
7) 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
prescribed by a physician;
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;
10) 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 of 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 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.
ADDITIONAL
STANDARD CONDITIONS OF SUPERVISION
14) the defendant shall refrain from possessing a firearm,
destructive device, or other dangerous weapon.
15) the defendant shall participate in a program of testing and
treatment for drug abuse, as directed by the Probation Office, until such time
as you are released from the program by the Probation Officer.
16) the defendant shall notify the Court and U.S. Attorney’s Office
of any material change in the defendant’s economic circumstances that might
affect the defendant’s ability to pay restitution, fines or special
assessments.
17) 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 installment schedule for payment of
restitution, fines or special assessment.
18) the defendant shall provide the Probation Officer with access to
any requested financial information.
SPECIAL
CONDITIONS OF SUPERVISION
1) The Defendant shall remain for
a period of five (5) months at his residence with electronic monitoring, unless
given permission in advance by the Probation Officer to be elsewhere, and shall
abide by the rules of the home detention program. The Defendant shall maintain
a telephone with no special features at his place of residence for the above
period. Provisions will be made by the Probation Officer for the Defendant’s
absence from the residence for employment, medical services, religious
services, and necessary shopping. In view of the Defendant’s financial
condition, IT IS FURTHER ORDERED that the Defendant shall pay the cost of the
electronic monitoring program at a rate not to exceed $3.47 per day;
(a) The
following special telephone devices or services are prohibited: (1) party
lines; (2) cordless telephones; (3) caller identification; (4) call forwarding;
(5) call waiting; (6) answering machines; and (7) other devices or services
which may interfere with the proper functioning of the electronic monitoring
equipment;
2) The Defendant shall participate
in a program of mental health counseling and treatment as approved by the
Probation Officer; and
3) The Defendant shall make
restitution in nominal monthly installments of at least $5.00.
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 S 100.00 $ -0- $24,186.79
[] The determination of restitution is deferred until_____.
An Amended Judgment in a Criminal Case (AO 245C) will be entered after
such determination.
[X] The defendant shall make restitution (including
community restitution) to the following payees in the amount listed below.
IF the
defendant makes a partial payment, each payee shall receive an approximately
proportioned payment, unless specified otherwise in the priority order or
percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all
nonfederal victims must be paid in full prior to the United States receiving payment.
Priority Order
*Total Amount of or Percentage
Name of Payee Amount of Loss Restitution Ordered of
Payment
Clerk, U.S.
District $24,186.79
Court for disbursement
to the United Steel Workers of America,
A1TN: Joseph B. Pozza, III
Sub-District Director
Sub-District Office
1800 North Market Street
Berwick, PA 18603-1321
TOTALS S _______________ $24,186.79
[] If applicable, restitution amount ordered pursuant to
plea agreement
$ ___________________
[] The defendant shall pay interest on any fine or
restitution of more than $2,500, unless the fine or restitution is paid in full
before the fifteenth day after the date of the 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 delinquency and default, pursuant to 18 U.S.C. § 3612(g).
[X] The court determined that the defendant does not have
the ability to pay interest, and it is ordered that:
[X] the interest requirement is
waived for the
[] fine
and/or [X] restitution.
[] the interest requirement for
the
[]
fine and/or [] restitution is modified as follows:
* Findings for the total amount of losses are required
under Chapters 109A, 110, 11OA, and 113A of Title 18, United States Code, for
offenses committed on or after September 13, 1994 but before April
23, 1996,
ADDITIONAL TERMS FOR CRIMINAL MONETARY PENALTIES
The Court finds that the defendant does not have the
ability to pay a fine, but he shall make restitution of $24,186.74 to the
Clerk, U.S. District Court, for disbursement to the United Steel Workers of
America, Berwick, PA. Payment of interest is waived. The Defendant shall make
restitution in nominal monthly installments of at least $5.00.
SCHEDULE OF 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 $100.00 due
immediately, balance due
[] not later than _______________
, or
[] in
accordance with [] C, []D, or [] 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., 30 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 supervision; or
E Special instructions regarding the payment of
criminal
monetary penalties.
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, United States District Court, Middle District of
Pennsylvania, 235 North Washington Ave., Post Office Box 1148, Scranton, Pa.
18501, unless otherwise directed by the court, the probation officer, or the
United States attorney.
The defendant shall 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, and (8) costs,
including cost of prosecution and court costs.
UNITED STATES DISTRICT COURT
FOR
THE
MIDDLE
DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA
4:CR—02—0305
V.
JAMES HUELER (Judge Muir)
STATEMENT
OF REASONS FOR SENTENCE
September 25, 2001
The reasons for the sentence
imposed in this case are to reflect the seriousness of the offense, to provide
just punishment for the offense, to protect the public and to deter Mr. Hubler
and other persons similarly situated.
/SIGNED/_____________
MUIR; U.S. District Judge
MM: ga
