UNITED STATES DISTRICT COURT

    MIDDLE DISTRICT OF GEORGIA, COLUMBUS DIVISION

 

UNITED STATES OF AMERICA            JUDGMENT IN A CRIMINAL CASE

V.

   Case Number 4:03-CR-00041-2-001 (CDL)

JENNIFER L. PHILLIPS

USM Number: 92 134-020

Pedro Quezada III

Defendant’s Attorney

 

THE DEFENDANT:

XX    pleaded guilty to count(s) 1.

□     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. § 501(c)      Theft of Labor            10/4/02           1

 Union Funds     

 

The defendant is sentenced as provided in the following pages 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).

XX    Count(s) 2-27 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 shall notify the court and United States attorney of any material changes in economic circumstances.

May 13, 2004

Date of Imposition of Sentence

 

                                    /SIGNED/_____________

Signature of Judge

CLAY D. LAND, United States    District Judge

                                    May 20,2004

 

IMPRISONMENT

 

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 5 months.

□     The Court makes the following recommendations to the Bureau of Prisons:

 

□     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    □     a.m.  □     pm.   on

□     as notified by the United States Marshal.

XX    The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

□     before 2p.m. on

□     as notified by the United States Marshal

XX    as notified by the Probation or Pretrial Office.

 

   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 U.S. Marshal

 

 

   SUPERVISED RELEASE

 

Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from 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. 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 determined by the Court.

□     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.)

XX    The defendant shall not possess a firearm, 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 agent 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 supervised release that 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 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 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 ten days prior to any change in residence or employment

7)    the defendant shall refrain from the 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 by the probation officer;

11)   the defendant shall notify the probation officer within 72 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.

 

SPECIAL CONDITIONS OF SUPERVISED RELEASE

 

You shall participate in a program approved by the U.S. Probation Office for substance abuse testing and, if necessary, treatment for alcohol/drug addiction or dependency.

You are prohibited from incurring new credit charges or opening additional lines of credit without approval of the U.S. Probation Office unless you are in compliance with the payment schedule.

You shall provide financial information to the probation officer upon request.

You shall comply with the conditions of home confinement for a period of 150 consecutive days. During this time, you shall remain at your place of residence except for employment and other activities approved in advance by the U.S. Probation Office. You shall maintain a telephone at your residence for the above period without “call forwarding”, “caller LD.”, or “call waiting”. This telephone shall not be a portable cordless telephone or have a MODEM attached to it. At the direction of the U.S. Probation Office, you shall wear an electronic monitoring device and follow electronic monitoring procedures specified by the U.S. Probation Office.

 

CRIMINAL MONETARY PENALTIES

 

The defendant must pay the following total criminal monetary penalties in accordance with the schedule of payments set forth in the Schedule of Payments.

 

Assessment        Fine       Restitution

TOTALS                  $ 100.00          $ 0        $ 35,040.95

 

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

XX    The defendant must make restitution (including community restitution) to the following victims in the amounts 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

Laborers District $ 35,040.95         $ 35,040.95               1

Council of Georgia and

South Carolina

 

 

□     Restitution amount ordered pursuant to plea agreement $

□     The defendant must pay interest on any fine or restitution of more than $2,500.00, 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 the Schedule of Payments sheet may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

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

XX the interest requirement is waived for the  

□ fine      XX restitution.

□     the interest requirement is waived for the     

□ fine      □ restitution is modified as follows:

 

 

*Findings for the total amount of losses are required under Chapter 109A, 110, 110A, and 113A of Title 18, United States Code, for offenses committed on or after September 13, 1994, but before April

 

 

SCHEDULE OF PAYMENTS

 

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

A     □     Lump sum payment of $  due immediately, balance due

□ not later than , or

□ in accordance with    □ C, □ D, □ E; or □ F below; or

B     XX    Payment to begin immediately (may be combined with □ C,                 □ D, or □ F below; or

C     □     Payment in equal ______ installments of $ over a period

of, to commence _______ after the date of this judgment;

or

D     XX    Payment in equal monthly installments of$ 973.36 over a

period of 36 months, to commence 60 days after release

from imprisonment to a term of supervision; or

E     □     Payment during the term of supervised release will

commence within 30 days after release from imprisonment.

The Court will set the payment plan based on an assessment

of the defendants ability to pay at that time; or

F     □     Special instructions regarding the payment of criminal

monetary penalties:

 

Unless the court has expressly ordered otherwise, 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 Financial Responsibility Program, are made to the clerk of the Court.

 

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), Total Amount, 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 defendants 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.