United States
District Court
Northern District of Ohio
Eastern Division
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
V. (For Offenses Committed On or After November 1, 1987)
Murdytha Stubbs Case Number: 1:03CR234-O1
Counsel For Defendant: Debra M. Hughes,
First
Asst. Federal Public Defender
Counsel For The United
States: Christian H.
Stickan,
Asst.
U.S. Atty.
Court Reporter: George Staiduhar
THE DEFENDANT:
[X] pleaded guilty to count 1 of the indictment
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):
Title & Section Date
Offense
Number(s) Nature of Offense
Concluded Count
29 U.S.C. §501(c) Labor Union Embezzlement, 12/1999
1
A Class D felony
The defendant is sentenced as provided in pages 1 through
5 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] Counts 2 and 3 of the indictment are dismissed on the
motion of the
United States.
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. 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.: October 29, 2003
Defendant’s Date of Birth: Date of Imposition of Judgment
Defendant’s USM Number:
Defendant’s Residence Address: /SIGNED/_________________
Signature of Judicial Officer
Solomon Oliver, Jr.
United States District Judge
Defendant’s Mailing Address:
Date: October
29, 2003
RECEIVED
PROBATION
The defendant is hereby placed on
probation for a term of 2 years.
The defendant shall report
immediately to the probation department unless otherwise directed by the Court.
Pursuant to 18 U.S.C. 3563(a) the court shall order the
defendant to cooperate in the collection of a DNA sample from the defendant if
the collection of such a sample is authorized pursuant to section 3 of the DNA
Analysis Backlog Elimination Act of 2000.
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:
Unless otherwise stated in this
Judgment, the defendant shall refrain from any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 15 days after
being placed on probation 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. If defendant tests negative
[X] The defendant shall not possess a firearm, destructive
device, or any other dangerous weapon. (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 that remains unpaid at the commencement of the
term of probation 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 (let forth below).
[X] The defendant shall comply with the standard
conditions that have been adopted by this court (set forth below).
[X] The defendant shall also comply with the additional
conditions on the attached page.
STANDARD CONDITIONS OF PROBATION
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 anytime 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 CONDITIONS OF PROBATION
____ The defendant shall reside in a community treatment center,
halfway house, or similar facility for a period of Days/months to begin not
later than . (Work/medical release privileges granted).
____ The defendant is committed to the custody of the Bureau of
Prisons for Months. It is recommended that the Comprehensive Sanctions Center be designated as the place of confinement.
____ Upon release from the imprisonment portion of this sentence, the
defendant shall be placed on supervised release for Years. (Split-Sentence)
____ The defendant shall participate in the Home Confinement Program
with / without Electronic Monitoring for a period of Days/Months beginning
no later than 30 calendar days from sentencing. You are required to remain in
your residence unless you are given permission in advance by your Probation
Officer to be elsewhere. You may leave your residence to work, to receive
medical treatment and to attend religious services. You shall wear an
electronic monitoring device, follow electronic monitoring procedures and
submit to random drug/alcohol tests as specified by the Probation Officer. The
defendant may participate in the Earned Leave Program under terms set by the
Probation Officer. The defendant shall be required to pay the cost of the Home
Confinement Program as directed by the Probation Officer.
____ The defendant is not required to pay the costs associated with
the Home Confinement Program.
____ The defendant shall perform Hours of community service as
directed by the Probation Officer.
____ The defendant shall reside and participate in a residential drug
treatment program as instructed by your Probation Officer, until discharged by
the facility and as approved by your Probation Officer.
____ The defendant shall participate in, and successfully complete, a
cognitive restructuring program as instructed by your Probation Officer.
____ The defendant shall participate in an outpatient program
approved by the U.S. Probation Office for the treatment for drug and/or alcohol
abuse which will include testing to determine if the defendant has reverted to
substance abuse.
____ The defendant shall participate in an outpatient mental health
program as directed by the Probation Officer.
____ The defendant shall permit his Probation Officer to conduct
random searches and examinations of any personal computer/computing systems
utilized by the defendant. The defendant shall assist such searches by
providing all passwords and password phrases, together with all other
information necessary to enable access to any and all computer files.
__X_ The defendant shall provide the Probation Officer access
to any requested financial information.
__X_ 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.
__X_ The defendant is barred from holding any paid
or unpaid position in the
union for a period of 13 years.
FINE
AND/OR RESTITUTION
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: $100.00 $-0- $66.00
If applicable, restitution amount ordered pursuant to plea
agreement $
Payments are to commence during the period of confinement
through Bureau of Prisons Inmate Financial Responsibility Program in an amount
determined to be appropriate.
FINE
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 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 it
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:
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 (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
Or
** Total Amount
of Percentage of
Name of Payee Amount of Loss Restitution Ordered Payment
United Steelworkers
of America
Local 3586
Cleveland, Ohio $66.00 (or
what is due and owing)
Totals:
$ $66.00 (or what is due and owing)
Additional Restitution Payees
** Findings for the total amount of losses are required
under Chapters 109A, 110, 110A, and 113A of Title 18 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:
Payment of the total fine and other criminal monetary
penalties shall be due as follows:
A X special assessment of $100.00 is due in full
immediately on count 1
B Lump sum payment of $___________ due immediately,
balance due
not later than
______________________________________ , or
in accordance with C, D,
or E below; or
C Payment to begin immediately (may be combined with C, D,
or E below); 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 the
date of This judgment; or
E 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
F Special instructions regarding the payment of
criminal monetary penalties:
The defendant will receive credit for all payments
previously made toward any criminal monetary penalties imposed.
PAYMENT IS TO BE MADE PAYABLE AND SENT TO THE CLERK, U.S. DISTRICT COURT
Unless the court has expressly ordered otherwise in the
special instructions 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 to be made as directed by the court, the probation officer, or the United States attorney.
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: (I)
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.
