UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA
DIVISION
UNTIED STATES OF AMERICA JUDGMENT IN A CRIMTNAL CASE
(For
Offenses Committed On or After November 1, 1987)
vs.
Case No.: 8:03-CR-211-T-17MSS
HOWARD ROUNDTREE
Defendant’s Attorney:
AFPD Tracy Dreispul
THE DEFENDANT:
XX pleaded guilty to count(s) one of the Information
Accordingly, the court has adjudicated that the
defendant is guilty of the following offense(s):
DATE OFFENSE COUNT
TITLE & SECTION NATURE OF OFFENSE
CONCLUDED NUMBERS
18: USC:1027 and 2 Making False Statements June 30, 1998 Once
in a Document Required by
Title I of the Employee Retirement
Income Security Act of 1984
The defendant is sentenced
as provided in pages 2 through 6 of this judgment. The sentence is imposed
pursuant to the Sentencing Reform Act of 1984 and the Mandatory Victims
Restitution Act of 1996.
IT IS FURTHER ORDERED that the defendant shall
notify the United Stales 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. No.:
Defendant’s Date of Birth:
Defendant’s USM No.:
Date
of Imposition of Sentence: November 14, 2003
Defendant’s Mailing Address:
Defendant’s Residence Address:
/SIGNED/______________
Elizabeth A. Kovachevich
UNITED STATES DISTRICT JUDGE
DATE: November
14th, 2003
IMPRISONMENT
The defendant is hereby committed
to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of FIVE (5) MONTHS as to count one of the information with credit
for time served to be calculated by the United States Bureau of Prisons,
XX The defendant shall surrender for service of sentence
at the institution designated by the Bureau of Prisons.
XX by 12:00 Noon on Tuesday January 6, 2004. The defendant shall report immediately to the U.S.
Marshal Service for further reporting instructions.
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 Marshal
SUPERVISED RELEASE
Upon release from imprisonment,
the defendant shall be on supervised release for a term of THREE (3) 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.
XX The above drug testing condition
is suspended, based on the court’s determination that the defendant poses a low
risk of future substance abuse.
The defendant shall not possess a firearm,
destructive device, or any other dangerous weapon.
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 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.
SUPERVISED RELEASE
The defendant shall also comply with the following
additional conditions of supervised release:
XX The defendant shall
participate in the Home Detention program for a period of FIVE (5) MONTHS.
During this time, defendant will remain at defendant’s place of residence
except for employment and other activities approved in advance by the defendant’s
Probation Officer to include physical exercise. Defendant will be subject to
the standard conditions of Home Detention adopted for use in the Middle
District of Florida, which may include the requirement to wear an electronic
monitoring device and to follow electronic monitoring procedures specified by
the Probation Officer. Further, the defendant shall be required to contribute
to the costs of services for such monitoring not to exceed an amount determined
reasonable by the Probation Officer based on ability to pay (or availability of
third party payment) and in conformance with the Probation Office’s Sliding
Scale for Electronic Monitoring Services.
XX The defendant shall be
prohibited from incurring new credit charges, opening additional lines of
credit, acquisitions or obligating himself for any new major purchases without
approval of the probation officer.
XX The defendant shall
provide the probation officer access to any requested financial information.
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 Total Restitution
Total $100.00 $Waived
$26,979.46
_____ The determination of restitution is deferred until ____. An
Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
XX 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 of 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 or
*Total Amount of Percentage of
Name or Payee Amount of Loss Restitution
Ordered Payment
Federal Marine $26,979.46
Terminals, Inc.
600 Regal Cruise Way
Palmetto. FL 34221-6607
Totals:
$26,97946
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).
The
court determined that the defendant does not have the ability to pay interest,
and is ordered that;
______the
interest requirement is waived for the fine and/or 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, 110A, and 113A of Title 18, United States
Code, for offenses committed on or after September 13, 1994, but before April 23, 1996.
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay,
payment of the total criminal monetary penalties shall be due as follows:
A. XX Lump aunt payment of $100.00 for special
assessment due immediately.
_____ not later than , or
_____ in accordance with — C, — D, or - E below; or
B. XX RESTITUTION PAYMENTS: The defendant shall
begin making payments of FOUR HUNDRED AND NO/1OO DOLLARS ($400.00) per month,
and this payment schedule shall continue unless the victim, the government, or
the defendant, notifies the court of a material change in the defendant’s
ability to pay and the court modifies the schedule.
C. Payment in _______(e.g., equal, weekly, monthly, quarterly)installments
of $ over a period of______ (e.g., months or years), to commence ______ days
(e.g., 30 or 60 days) after 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 ____ 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 of the court, 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 Stales:
— The Court Orders that the defendant forfeit to the United
States immediately and voluntarily any and all assets and property, or portions
thereof, subject to forfeiture, which are in the possession or control of the
defendant or the defendant’s nominees.
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.
FILE COPY
Date Printed: 11/17/2003
Notice sent to:
— Katherine M. Ho, Esq.
U.S. Attorney’s Office
Middle District of Florida
400 N. Tampa St., Suite
3200
Tampa, FL 33602
8:03-cr-00211 jlg
— Maria Guzman, Esg.
Federal Public Defender’s
Office
Middle District of Florida
400 N. Tampa St., Suite 2700
Tampa, FL 33602
8:03-cr-00211 jlg
