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Office of Labor-Management Standards (OLMS)


UNITED STATES DISTRICT COURT
District of Utah

UNTED STATES OF AMERICA

Judgment In A Criminal Case
(For Offenses Committed On or After November 1, 1987)

V.

Case Number: DUTX 105CR000102-001
Plaintiff Attorney: Jonathan Boyd
Defendant Attorney: Robert Steele

Blaine Dee Barnett

 

Defendant's Soc. Sec. No.:

Atty: CJA __ Ret __ FPD X

Defendant's Date of Birth:

05/23/2006

Defendant's USM No.:

Date of Imposition of Sentence

Defendant's Residence Address:

Defendant's Mailing Address:

Country

 

THE DEFENDANT:

[X] pleaded guilty to count(s) 1 and 2.

[ ] pleaded nolo contendere to count(s) _______ which was accepted by the court.

[ ] was found guilty on count(s) _______ after a plea of not guilty.

Title & Section

Nature of Offense

Count Number(s)

29 U.S.C. 501(c)

Embezzlement of Labor Union Assets

1

29 U.S.C. 501(c)

Embezzlement of Labor Union Assets

2

[ ] The defendant has been found not guilty on count(s) ________

[ ] Count(s) _______ (is) (are) dismissed on the motion of the United States.

SENTENCE

Pursuant to the Sentencing Reform Act of 1984, it is the judgment and order of the Court that the defendant be committed to the custody of the United States Bureau of Prisons for a term of 21 months

Upon release from confinement, the defendant shall be placed on supervised release for a term of 36 months

[ ] The defendant is placed on Probation for a period of ______
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 placement on probation and at least two periodic drug tests thereafter, as directed by the probation officer.

[ ] The above drug testing condition is suspended based on the court's determination that the defendant possesses a low risk of future substance abuse. (Check if applicable.)

SPECIAL CONDITIONS OF SUPERVISED RELEASE/PROBATION

In addition to all Standard Conditions of (Supervised Release or Probation) set forth in PROBATION FORM 7A, the following Special Conditions are imposed: (see attachment if necessary)

  1. The defendant shall maintain full-time, verifiable employment or participate in academic or vocational development throughout the term of supervision, as deemed appropriate by the probation office.
  2. The defendant shall provide the probation office access to all requested financial information.
  3. The defendant shall participate in a mental-health treatment program under a copayment plan, or if such treatment is available through the VA, as directed by the probation office, take any mental-health medications as prescribed, and not possess or consume alcohol, nor frequent businesses where alcohol is the chief item of order, during the course of treatment or medication.
  4. The defendant shall submit to the collection of a DNA sample at the direction of BOP or USPO.

CRIMINAL MONETARY PENALTIES

FINE

The defendant shall pay a fine in the amount of $_________, payable as follows:

[ ] forthwith.

[ ] in accordance with the Bureau of Prison's Financial Responsibility Program while incarcerated and thereafter pursuant to a schedule established by the U.S. Probation office, based upon the defendant's ability to pay and with the approval of the court.

[ ] in accordance with a schedule established by the U.S. Probation office, based upon the defendant's ability to pay and with the approval of the court.

[X] other:

No Fine Imposed

[ ] The defendant shall pay interest on any fine more than $2,500, unless the fine is paid in full before the fifteenth day after the date of judgment, pursuant to 18 U.S.C. 3612(f).

[ ] The court determines that the defendant does not have the ability to pay interest and pursuant to 18 U.S.C. 3612(f)(3), it is ordered that:

[ ] The interest requirement is waived.

[ ] The interest requirement is modified as follows: __________

RESTITUTION

The defendant shall make restitution to the following payees in the amounts listed below:

Name and Address of Payee

Amount of Loss

Amount of Restitution Ordered

Brotherhood of Locomotive
Engineers, AFL-CIO,
Division 347,
P.O. Box 329,
Morgan, UT 84050;
Attention: Brad Morrison,
Secretary-Treasurer

$7,710

$7,710

Fidelity and Deposit Company of Maryland
3910 Keswick Road, 4 Floor,
Baltimore, MD 21211;
REF: Bond #3979500-6/
Claim #6380014312

$10,000

$10,000

Totals:

$17,710

$17,710

(See attachment if necessary.) All restitution payments must be made through the Clerk of Court, unless directed otherwise. If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless otherwise specified.

[X] Restitution is payable as follows:

[ ] in accordance with a schedule established by the U.S. Probation Office, based upon the defendant's ability to pay and with the approval of the court.

[X] other:
$500 per months upon release from incarceration

[ ] The defendant having been convicted of an offense described in 18 U.S.C. 3663A(c) and committed on or after 04/25/1996, determination of mandatory restitution is continued until _____ pursuant to 18 U.S.C. 3664(d)(5)(not to exceed 90 days after sentencing).

[ ] An Amended Judgment in a Criminal Case will be entered after such determination

SPECIAL ASSESSMENT

The defendant shall pay a special assessment in the amount of $200, payable as follows:

[X] forthwith.

[ ] ________

IT IS 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

PRESENTENCE REPORT/OBJECTIONS

The court adopts the factual findings and guidelines application recommended in the presentence report except as otherwise stated in open court.

DEPARTURE

The Court does not depart.

RECOMMENDATION

[X] Pursuant to 18 U.S.C. 3621 (b)(4), the Court makes the following recommendations to the Bureau of Prisons:

The Court recommends a medication evaluation of Defendant, placement in a BOP facility will full psychiatric care, and possible educational opportunities

CUSTODY/SURRENDER

[X] 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 _____ on _____

[ ] The defendant shall report to the institution designated by the Bureau of Prisons by ______ Institution's local time, on _______

/SIGNED/
Ted Stewart
United States District Judge

DATE: 5-31-06