Court filing
Judgment in a Criminal Case — United States v. Murphy (Dkt. 36, E.D. Wash.)
Summary
A judgment in a criminal case in United States v. Gary Lee Murphy, Jr., Case Number 2:21-CR-00104-WFN-1, in the U.S. District Court for the Eastern District of Washington, filed March 1, 2022 as ECF No. 36. It records that the defendant pleaded guilty to count 1 of the Indictment, escape from custody under 18 USC § 751(a), 4082(a), with the offense ending March 29, 2021. Senior Judge Wm. Fremming Nielsen imposed the judgment on February 28, 2022. The court commits the defendant to the Bureau of Prisons for 4 months on Count 1, with credit for federal time served, to be served consecutively to another term, and imposes no term of supervised release. The five-page form also sets out the criminal monetary penalties.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Filed March 1, 2022 in Gary Lee Murphy, Jr.; one of 1 filings from this case.
Record facts
| Court | U.S. District Court for the Eastern District of Washington |
|---|---|
| Filed | 2022-03-01 |
Cite this document
“Judgment in a Criminal Case — United States v. Murphy (Dkt. 36, E.D. Wash.).”
U.S. District Court for the Eastern District of Washington, No. 2:21-cr-00104, Doc. 36, filed 2022-03-01. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-gary-lee-murphy-jr-waed-96515/2022-03-01-gov-uscourts-waed-96515-36-0-doc-36/
, SHA-256 88a727a3fde3c2dbc35630c03b33887bf4b1b7ef9d3c84bb3a04e941a8018dba.Full text
Case 2:21-cr-00104-WFN ECF No. 36 filed 03/01/22 PageID.138 Page 1 of 5
FILED IN THE
AO 245B (Rev. 09/19) Judgment in a Criminal Case U.S. DISTRICT COURT
Sheet 1 EASTERN DISTRICT OF WASHINGTON
UNITED STATES DISTRICT COURT Mar 01, 2022
Eastern District of Washington
SEAN F. MCAVOY, CLERK
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v.
GARY LEE MURPHY, JR. Case Number: 2:21-CR-00104-WFN-1
USM Number: 14450-085
Kathryn P. Lucido
Defendant's Attorney
THE DEFENDANT:
☒ pleaded guilty to count(s) 1 of the Indictment
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
18 USC § 751(a), 4082(a) Escape from Custody 03/29/2021 1
The defendant is sentenced as provided in 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.
2/28/2022
Date of Imposition of Judgment
Signature of Judge
The Honorable Wm. Fremming Nielsen Senior Judge, U.S. District Court
Name and Title of Judge
3/01/2022
Date
Case 2:21-cr-00104-WFN ECF No. 36 filed 03/01/22 PageID.139 Page 2 of 5
AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 2 of 3
Sheet 2 - Imprisonment
DEFENDANT: GARY LEE MURPHY, JR
Case Number: 2:21-CR-00104-WFN-1
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total
term of: 4 Months as to Count 1
With credit for federal time served in this matter to be served CONSECUTIVE to term imposed under Case No.
2:11-CR-6057-WFN-1.
☐ 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. ☐ p.m. on
☐ as notified by the United States Marshal.
☐ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
☐ before 2 p.m. on
☐ as notified by the United States Marshal.
☐ 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 2:21-cr-00104-WFN ECF No. 36 filed 03/01/22 PageID.140 Page 3 of 5
AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 3 of 4
Sheet 3 – Supervised Release
DEFENDANT: GARY LEE MURPHY, JR
Case Number: 2:21-CR-00104-WFN-1
SUPERVISED RELEASE
Upon release from imprisonment, you shall be on supervised release for a term of: No Term Imposed
MANDATORY CONDITIONS
1. You must not commit another federal, state or local crime.
2. You must not unlawfully possess a controlled substance, including marijuana, which remains illegal under federal law.
3. You must refrain from any unlawful use of a controlled substance. You must 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 you
pose a low risk of future substance abuse. (check if applicable)
4. ☒ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
5. ☐ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et
seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which
you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
6. ☐ You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the
attached page.
Case 2:21-cr-00104-WFN ECF No. 36 filed 03/01/22 PageID.141 Page 4 of 5
AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 4 of 5
Sheet 5 – Criminal Monetary Penalties
DEFENDANT: GARY LEE MURPHY, JR
Case Number: 2:21-CR-00104-WFN-1
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $100.00 $.00 $.00 $.00 $.00
☐ The special assessment imposed pursuant to 18 U.S.C. § 3013 is hereby remitted pursuant to 18 U.S.C. § 3573(1) because
reasonable efforts to collect this assessment are not likely to be effective and in the interests of justice.
☐ The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO245C) 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 in
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 Ordered Priority or Percentage
☐ 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.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).
☐ 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:
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22
*** 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 2:21-cr-00104-WFN ECF No. 36 filed 03/01/22 PageID.142 Page 5 of 5
AO 245B (Rev. 09/19) Criminal Judgment Judgment -- Page 5 of 5
Sheet 6 – Schedule of Payment
DEFENDANT: GARY LEE MURPHY, JR
Case Number: 2:21-CR-00104-WFN-1
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A ☐ Lump sum payments of $ due immediately, balance due
☐ not later than , or
☐ in accordance with ☐ C, ☐ D, ☐ E, or ☐ F below; or
B ☒ Payment to begin immediately (may be combined with ☐ C, ☐ D, 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 ☐ 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 ☒ Special instructions regarding the payment of criminal monetary penalties:
Defendant shall participate in the BOP Inmate Financial Responsibility Program. During the time of incarceration, monetary
penalties are payable on a quarterly basis of not less than $25.00 per quarter.
While on supervised release in Case No. 2:11-CR-6057-WFN-1, monetary penalties are payable on a monthly basis of not less than
$25.00 per month or 10% of the defendant's net household income, whichever is larger, commencing 30 days after the defendant is
released from imprisonment.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons'
Inmate Financial Responsibility Program, are made to the following address until monetary penalties are paid in full: Clerk, U.S.
District Court, Attention: Finance, P.O. Box 1493, Spokane, WA 99210-1493.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
☐ Joint and Several1
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 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) AVAA assessment (5) fine
principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of prosecution and court
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