United States District Court
Northern District of Illinois
UNITED STATES OF AMERICA
v.
Edward Wisniewski
Case Number: 03-CR-922-5
Judge: Elaine E. Bucklo
Defendant's Attorney: Anthony Pinelli
AUSA: Charles E. Ex
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
THERE WAS A:
Jury verdict of guilty as to count(s) 16-23 of the Second Superseding Indictment.
All Counts in the original and the first superseding indictment are dismissed.
THE DEFENDANT IS CONVICTED OF THE OFFENSES(S) OF:
Date Offense
Count
Title & Section Description of Offense
Concluded
Number
18 U.S.C. § 2, and
Mail Fraud
December 2001
16
§ 1341
18 U.S.C. § 2, and
Mail Fraud
6/14/1999
17
§ 1341
18 U.S.C. § 2, and
Wire Fraud
7/7/1999
18
§ 1343
18 U.S.C. § 2, and
Mail Fraud
7/8/1999
19
§ 1341
18 U.S.C. § 2, and
Wire Fraud
7/2/1999
20
§ 1343
18 U.S.C. § 2, and
Mail Fraud
8/6/1999
21
§ 1341
18 U.S.C. § 2, and
Mail Fraud
7/21/2000
22
§ 1341
18 U.S.C. § 2, and
Wire Fraud
7/31/2000
23
§ 1343
The defendant is sentenced as provided in the following pages of this judgment.
IMPRISONMENT
IT IS THE JUDGMENT OF THIS COURT THAT:
the defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned
for a total uninterrupted term of One year and a day.
ADDITIONAL IMPRISONMENT TERMS
This term consists of one year and a day on each of counts 16- 23 and all such terms to run concurrent
to each other.
As to Count 16, the defendant is hereby committed to the custody of the United States Bureau of Prisons
to be imprisoned for a total uninterrupted term of one year and a day. As to Count 17, the defendant is
hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total
uninterrupted term of one year and a day. As to Count 18, the defendant is hereby committed to the custody
of the United States Bureau of Prisons to be imprisoned for a total uninterrupted term of one year and a
day. As to Count 19, the defendant is hereby committed to the custody of the United States Bureau of
Prisons to be imprisoned for a total uninterrupted term of one year and a day. As to Count 20, the
defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total uninterrupted term of one year and a day. As to Count 21, the defendant is hereby committed to the
custody of the United States Bureau of Prisons to be imprisoned for a total uninterrupted term of one year
and a day. As to Count 22, the defendant is hereby committed to the custody of the United States Bureau of
Prisons to be imprisoned for a total uninterrupted term of one year and a day. As to Count 23, the
defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total uninterrupted term of one year and a day.
ADDITIONAL IMPRISONMENT TERMS
This term consists of one year and a day on each of counts 16-23 and all such terms to run concurrent
to each other.
The Court recommends to the Bureau of Prisons:
That the defendant be allowed to serve his sentence at either Oxford, Wisconsin.
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release
for the periods specified for each count of conviction.
The defendant is sentenced on all count(s) of conviction, namely, Count(s) 16-23 to a period of
Three years of Supervised Release, said periods to run concurrent to each other.
The defendant is sentenced on all count(s) of conviction to Supervised
Release, said periods to run concurrent as follows:
Count 16
a period of 3 year(s) Supervised Release.
Count 17
a period of 3 year(s) Supervised Release.
Count 18
a period of 3 year(s) Supervised Release.
Count 19
a period of 3 year(s) Supervised Release.
Count 20
a period of 3 year(s) Supervised Release.
Count 21
a period of 3 year(s) Supervised Release.
Count 22
a period of 3 year(s) Supervised Release.
Count 23
a period of 3 year(s) Supervised Release.
The defendant shall report to the probation office in the district to which the
defendant is released within seventy-two hours of release from the custody of the Bureau of Prisons. In
addition, see the attached page(s) defining the mandatory, standard and discretionary conditions of supervised
release that apply in this case.
MANDATORY CONDITIONS OF SUPERVISED RELEASE
(As set forth in 18 U.S.C. § 3583 and U.S.S.G. § 5D1.3)
1) For any offense, the defendant shall not commit another federal, state or local crime;
2) for any offense, the defendant shall not unlawfully possess a controlled substance;
3) for offenses committed on or after September 13, 1994, the defendant shall refrain from any unlawful
use of a controlled substance and submit to one drug test within fifteen days of release from imprisonment
and at least two periodic drug tests thereafter for use of a controlled substance as determined by the
court:
The above drug testing condition is suspended based on the determination that the defendant poses a low
risk of future substance abuse.
4) for a domestic violence crime committed on or after September 13, 1994, as defined in 18 U.S.C. §
3561(b) by a defendant convicted of such an offense for the first time, the defendant shall attend a
rehabilitation program in accordance with is U.S.C. § 3583(d);
5) for a defendant classified as a sex offender pursuant to 18 U.S.C. § 4042(c)(4), the defendant shall
comply with the reporting and registration requirements set forth in 18 U.S.C. § 3583(d);
6) the defendant shall 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 and
the Justice for All Act of 2004; and
7) The defendant shall pay any balance on the special assessment, restitution and/or fine imposed against
the defendant.
STANDARD CONDITIONS OF SUPERVISED RELEASE
1) For any felony or other offense, the defendant shall not possess a firearm, ammunition, or destructive
device as defined in 18 U.S.C. § 921;
2) the defendant shall not leave the judicial district without the permission of the court or probation
officer (travel outside the continental United States requires court authorization);
3) the defendant shall report to the probation officer as directed by the court or the probation officer
and shall submit a truthful and complete written report within the first five days of each month;
4) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions
of the probation officer;
5) the defendant shall provide to the probation officer access to any requested financial information
including, but not limited to, tax returns, bank statements, credit card statements, credit applications,
etc.;
6) the defendant shall support his or her dependents and meet other family responsibilities;
7) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for
schooling, training, or other acceptable reasons;
8) the defendant shall notify the probation officer ten (10) days prior to any change in residence or
employment;
9) the defendant shall refrain from excessive use of alcohol;
10) the defendant shall not purchase, possess, use, distribute, or administer any narcotic or other
controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician,
and shall submit to periodic urinalysis tests as requested by the probation officer to determine the use of
any controlled substance;
11) the defendant shall not frequent places where controlled substances are illegally sold, used,
distributed, or administered;
12) 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;
13) 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;
14) the defendant shall notify the probation officer within seventy-two (72) hours of being arrested or
questioned by a law enforcement officer;
15) 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;
16) 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; and
17) if this judgment imposes a special assessment, restitution or a fine, it shall be a condition of
probation or supervised release that the defendant pay any such special assessment, restitution or fine in
accordance with the court's order set forth in the Criminal Monetary Penalties sheet of this judgment.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in
accordance with the "Schedule of Payments." Unless waived, the defendant shall pay interest on any restitution
and/or fine of more than $2,500, unless the restitution and/or fine is paid in full before the fifteenth day
after the date of judgment, pursuant to 18 U.S.C. § 3612(1). The payment options may be subject to penalties
for default and delinquency pursuant to 18 U.S.C. § 3612(g).
Mandatory
Total Assessment(s) Total Fine
Restitution
Costs of Prosecution
$800.00
Fine Waived
$
$
The defendant shall notify the United States Attorney's Office having jurisdiction over the defendant
within thirty days of any change of name, residence or mailing address until all special assessments,
restitution, fines, and costs imposed by this judgment are fully paid.
SCHEDULE OF PAYMENTS
- 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. If this judgment imposes a period of imprisonment,
payment of criminal monetary penalties shall be due during the period of imprisonment.
- All criminal monetary penalty payments, except those payments made through the Bureau of Prisons' Inmate
financial Responsibility Program, are to be by money order or certified check payable to the Clerk of the
Court, U.S. District Court, unless otherwise directed by the Court.
- Unless waived, the defendant shall pay interest on any fine and/or restitution of more than $2,500,
unless the same is paid in full before the fifteenth day after the date of judgment, pursuant to 18 U.S.C. §
3612(f). Payment options included herein may be subject to penalties of default and delinquency pursuant to 18
U.S.C. § 3612(g).
- Pursuant to 18 U.S.C. § 3613(b) and (c) and 3664(m), restitution and/or fine obligations extend for
twenty years after release from imprisonment, or from the date of entry of judgment if not sentenced to a
period of imprisonment.
Payment of the total criminal monetary penalties shall be due as follows:
The costs of incarceration and supervision are waived.
Pursuant to 18 U.S.C. § 3664(k) the defendant must notify the court of any material changes in the
defendant's economic circumstances. Upon such notice, the court may adjust the installment payment schedule.
Pursuant to 18 U.S.C. § 3664(n), if a person is obligated to provide restitution, or pay a fine, received
substantial resources from any source, including inheritance, settlement, or other judgment, during a period
of incarceration, such person shall be required to apply the value of such resources to any restitution or
fine still owed.
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
before 2:00 P.M. on July 19, 2005.
RETURN OF SERVICE
I have executed this judgment as follows: ________________
Defendant delivered on _________ to __________ at __________
By:______________
(Signature)
Name (Print)______________
Title (Print)_______________
Date of Imposition of Judgment/Sentencing: May 19, 2005
/SIGNED/__________
ELAINE E. BUCKLO
UNITED STATES DISTRICT JUDGE
Dated at Chicago, Illinois this
25 day of May, 2005
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