USA v. Rainey et al

OCR transcription for search; preserved printed pages are authoritative

@AO 245B (Rev. 06/05) Judgment in a Criminal Case

Sheet | _ a
UNITED STATES DISTRICT COURT
District of Alaska
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
Vv.

RICHARD JAMES MCKINNON
Case Number: 3:05-cr-00108-05-JWS
USM Number: 15180-006
Michael Dieni
Defendant’s Attorney

THE DEFENDANT:

X pleaded guilty to count(s) _1 of the Indictment.

CJ pleaded nolo contendere to count(s)
which was accepted by the court.

CO 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
21 U.S.C. §§ 846 and Conspiracy in Relation to Cocaine and Methamphetamine 11/15/2005 1
841(b)(1)(A) Trafficking

The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.
LC The defendant has been found not guilty on count(s)

X Count(s) 2, 3, and 4 of the Indictment 1 is X are dismissed on the motion of the United States.

__ Itis 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 Ty

October 6,2006 . VA
Dgté of Impositionbifadgment] 7 7/7 4
REDACTED SIGNATURE

— ra ss
Signature offudee

JOHN W. SEDWICK, U.S. DISTRICT JUDGE
Name and Title of Judge

/0-6-0¢

Date

Case 3:05-cr-00108-JWS Document 481 Filed 10/16/06 Page 1 of 6

AO 245B (Rev. 06/05) Judgment in Criminal Case
. Sheet 2 — Imprisonment

Judgment — Page 2 of 6

DEFENDANT: RICHARD JAMES MCKINNON
CASE NUMBER: 3:05-cr-00108-05-JWS

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of: 84 months.

This term consists of 84 months on Count 1.

X The court makes the following recommendations to the Bureau of Prisons:
Court recommends that the defendant participate in the 500 hour drug and alcohol program.
Court recommends that the defendant serve his time at the Facility located in Sheridan, Oregon.

X The defendant is remanded to the custody of the United States Marshal.

(CThe defendant shall surrender to the United States Marshal for this district:
O at Oam OF pm _ on

1 sas notified by the United States Marshal.

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

O sbefore 2 p.m. on

as notified by the United States Marshal.

1 as notified by the Probation or Pretrial Services 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 UNITED STATES MARSHAL

Case 3:05-cr-00108-JWS Document 481 Filed 10/16/06 Page 2 of 6

AO 245B (Rev. 06/05) Judgment in a Criminal Case

Sheet 3 — Supervised Release

— — Judgment—Page _ 3. of 6
DEFENDANT: RICHARD JAMES MCKINNON
CASE NUMBER: 3:05-cr-00108-05-JWS
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of : Syears.

This term consists of 5 years on Count 1.

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

custody of the Bureau of Prisons.

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 ofa 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, not to exceed 12 tests per month as determined by the probation officer.

O

Xx
XxX
O

O

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 supervised release 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 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.

Case 3:05-cr-00108-JWS Document 481 Filed 10/16/06 Page 3 of 6

+AO 245B (Rev. 06/05) Judgment in a Criminal Case
Sheet 3C — Supervised Release

Jud igment—Page 4 of 6

DEFENDANT: RICHARD JAMES MCKINNON
CASE NUMBER: 3:05-cr-00108-05-JWS

SPECIAL CONDITIONS OF SUPERVISION

1. The defendant shall cooperate in the collection of a DNA sample from the defendant as directed by the
probation officer.

2. In addition to submitting to drug testing in accordance with the Violent Crime Control and Law Enforcement
Act of 1994, the defendant shall participate in either or both inpatient or outpatient treatment programs
approved by the United States Probation Office for substance abuse treatment, which program shall include
testing to determine whether the defendant has reverted to the use of drugs or alcohol. At the direction of the
probation officer, the defendant may be required to pay for all or a portion of any treatment program.

3. The defendant shall submit to a warrantless search of person, residence, vehicle, personal effects, place of
employment, and other property by a federal probation or pretrial services officer or other law enforcement
officer, based upon reasonable suspicion of contraband or a violation of a condition of supervision. Failure to
submit to a search may be grounds for revoking supervised release.

4. The defendant shall not possess a firearm, destructive device, or other weapon.
TET

Case 3:05-cr-00108-JWS Document 481 Filed 10/16/06 Page 4 of 6

AQ245B (Rev. 06/05) Judgment in a Criminal Case
‘ Sheet 5 — Criminal Monetary Penalties

Judgment — Page 3 of 6

DEFENDANT: RICHARD JAMES MCKINNON
CASE NUMBER: 3:05-cr-00108-05-JWS

CRIMINAL MONETARY PENALTIES

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

Assessment Fine Restitution
TOTALS $ 100.00 3 $
[J The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered

after such determination.
(1) 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 Pro ortioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss* Restitution Ordered Priority or Percentage

TOTALS $ 0 $ 0

CJ _ Restitution amount ordered pursuant to plea agreement $

(1 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.S.C. § 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).

(1) _ The court determined that the defendant does not have the ability to pay interest and it is ordered that:
LC) the interest requirement is waived for the CJ fine [ restitution.

L) the interest requirement for the [] fine (J restitution is modified as follows:

* 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.

Case 3:05-cr-00108-JWS Document 481 Filed 10/16/06 Page 5 of 6

AO 245B (Rev. 06/05) Judgment in a Criminal Case

7 Sheet 6 — Schedule of Payments __ __
a Judgment — Page 6 of 6
DEFENDANT: RICHARD JAMES MCKINNON

CASE NUMBER: 3:05-cr-00108-05-JWS

SCHEDULE OF PAYMENTS

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

A X_ Lumpsum payment of$ _ 100.00 due immediately, balance due

C] not later than , Or
X in accordance Oc OD, O E,or X Fbelow; or

(1 Payment to begin immediately (may be combined with [C, OD,or ([F below); or

C ( Payment in equal (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 (C Payment in equal (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 within (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 at that time; or

F X_ Special instructions regarding the payment of criminal monetary penalties:

Any unpaid amount of the special assessment is to be paid during the period of supervision in monthly installments of not less than
% of the defendant’s gross monthly income or $25, whichever amount is greater.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, pa ent of criminal monetary penalties is due durin
imprisonment. All crimina monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Financia
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.

1 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.

(1 The defendant shall pay the cost of prosecution.
[] The defendant shall pay the following court cost(s):

[11 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) senate and (8) costs, including cost of prosecution and court pA pume

Case 3:05-cr-00108-JWS Document 481 Filed 10/16/06 Page 6 of 6