UNTIED STATES DISTRICT COURT

NORTHERN                District of          WEST VIRGINIA

 

UNITED STATES OF AMERICA

V.

REZIN D. HUDKINS

                                    Case Number:      1:03CR00060-001

                                    USM Number:       04668-087

                                    Thomas G. Dyer

                                    Defendant’s Attorney

 

THE DEFENDANT:

X pleaded guilty to count(s)  One

[] pleaded nolo contendere to count(s) _________________________

   which was accepted by the court.

[] was found guilty on count(s) ________________________________

   after a plea of not guilty.

 

The defendant is adjudicated guilty of these offenses:

 

Title & Section         Nature of Offense       Offense Ended     Count

29 U.S.C. § 439(c)      Falsifying, Concealing   June 2000       One

and Destroying Records

 

 

 

The defendant is sentenced as provided it pages 2 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) ________________

[] Count(s) ______________ [] is    [] are dismissed on the motion of

   the United States.

 

It is ordered that the defendant must 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 must notify the court and United States attorney of material changes in economic circumstances.

 

                                    April 28, 2004

Date of Imposition of Judgment

 

                                    /SIGNED/_________________

Signature of Judge

 

IRENE M. KEELEY,

CHIEF U.S. DISTRICT JUDGE

Name and Title of Judge

 

 

                                    April 28, 2004

                                    Date

 

 

 

PROBATION

 

The defendant is hereby sentenced to probation for a term of: one (1) year

 

The defendant shall not commit another federal, state or local crime.

 

The defendant shall not unlawfully possess a controlled substance. 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 at least two periodic drug tests thereafter, as determined by the court.

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.)

[] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)

[] The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

[] The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.)

[] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

 

If this judgment imposes a fine or restitution, it is a condition of probation that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.

 

The defendant must comply with the standard conditions that have been adopted by this court as well as with any 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; and

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 persona1 history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant a compliance with such notification requirement.

 

 

SPECIAL CONDITIONS OF SUPERVISION

 

1.    The defendant shall provide the Probation Officer with access to any requested financial information.

2.    The defendant is allowed to travel in the Northern and Southern Districts of West Virginia.

 

 

CRIMINAL MONETARY PENALTIES

 

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

 

Assessment        Fine              Restitution

 

TOTALS            $ 25.00           $ -0-             $ 2,274.38

 

 

[] The determination of restitution is deferred until ______. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.

 

[] The defendant must 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 n the priority order or percentage payment column below However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid.

 

Name of Payee     Total Loss*   Restitution     Priority or

     Ordered       Percentage

PACE-LOCAL 5-276    $986.86        $986.86          50%

Rt. 5, Box 117E

Bridgeport, WV 26330

 

District Council #3  $1,287.52      $1,287i2        50%

c/o PACE International Union

P.0. Box 1475

Nashville, TN 37202

 

ALL RESTITUTION PAID

IN FULL 04-28-04

 

 

TOTALS              $ 2,274.38      $ 2,274.38

 

 

[]    Restitution amount ordered pursuant to plea agreement $_______

 

[]    The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.SC. § 3612(f). All of the payment options on Sheet 6 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    []  restitution.

[] the interest requirement for the [] fine [] restitution is modified as follows:

 

 

* Findings for the total amount of losses are required under Chapters 109A, 110, 11OA, 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:

 

A   X   Lump sum payment of 2,274.38 due immediately, balance due

  [] not later than ____, or

   X in accordance [] C [] D [] E, X F, or [] G below); or

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

        or [] G below; or

C   []  Payment in ____ (e.g. 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.. 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   []  Payment during the term of supervised release will commence

        ____ (e.g., 30 or 60 days) after release from imprisonment. The

        court will set the payment plan based on an assessment of the

        defendant’s ability to pay.

F   X   Special instructions regarding the payment of criminal monetary

        penalties:

Financial obligations ordered are to be paid while the defendant is incarcerated, and if payment is not completed during incarceration, it is to be completed by the end of the term of supervised release.

Special Assessment and Restitution PAID IN FULL 04-28-04.

G   []  Special instructions regarding the payment of criminal monetary

  penalties:

The defendant shall immediately begin making restitution and/or fine payments of $ a month, due on the first of each month. These payments shall be made during incarceration, and if necessary, d supervised release.

 

Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Finance Responsibility Program, are made to Clerk, U. S. District Court, Northern District of West Virginia, P.O. Box 1518, Elkins, WV 26241.

 

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

 

[] Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Joint and Several Amount and corresponding payee, if appropriate.

[] 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) fine interest, (6) community restitution (7) penalties, and (8) costs, including cost of prosecution and court costs.