JUDGMENT as to Malik Breckenridge, Count 1, 60 month term of… — United States of America v. Breckenridge (Dkt. 51)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 51 · 2022-11-17 · Docket on CourtListener

Full text

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 1
UNITED STATES DISTRICT COURT
__________ District of __________
UNITED STATES OF AMERICA
)
)
)
)
)
)
)
)
)
JUDGMENT IN A CRIMINAL CASE
v.
Case Number:
USM Number:
THE DEFENDANT:
Defendant’s Attorney
G pleaded guilty to count(s)
G pleaded nolo contendere to count(s)
which was accepted by the court.
G 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
The defendant is sentenced as provided in pages 2 through
 of this judgment.  The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
G The defendant has been found not guilty on count(s)
G Count(s)
G is
G 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.
Date of Imposition of Judgment
Signature of Judge
Name and Title of Judge
Date
   Southern District of West Virginia
MALIK BRECKENRIDGE
2:22-cr-00084-01
99286-509
Rhett H. Johnson, AFPD
✔
One of the Indictment
18 U.S.C. § 1343
Wire Fraud
8/10/2021
One
8
✔
Two of the Indictment
✔
11/17/2022
11/17/2022
Case 2:22-cr-00084     Document 51     Filed 11/17/22     Page 1 of 8 PageID #: 137

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 4—Probation
Judgment—Page
of
DEFENDANT:
CASE NUMBER:
PROBATION
You are hereby sentenced to probation for a term of:
MANDATORY CONDITIONS
1.
You must not commit another federal, state or local crime.
2.
You must not unlawfully possess a controlled substance. 
3.
You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of placement on 
probation and at least two periodic drug tests thereafter, as determined by the court.
G 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.
G You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
5.
G 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 the location where you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
6.
G You must participate in an approved program for domestic violence. (check if applicable)
7.
G You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if applicable)
8.
You must pay the assessment imposed in accordance with 18 U.S.C. § 3013. 
9.
If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
10.
You must notify the court of any material change in your economic circumstances that might affect your ability to pay restitution, 
fines, or special assessments.
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.
2
8
MALIK BRECKENRIDGE
2:22-cr-00084-01
SIXTY (60) MONTHS.
✔
✔
✔
Case 2:22-cr-00084     Document 51     Filed 11/17/22     Page 2 of 8 PageID #: 138

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 4A — Probation
Judgment—Page
of
DEFENDANT:
CASE NUMBER:
STANDARD CONDITIONS OF SUPERVISION
As part of your probation, you must comply with the following standard conditions of supervision.  These conditions are imposed because
they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers
to keep informed, report to the court about, and bring about improvements in your conduct and condition. 
1.
You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the time 
you were sentenced, unless the probation officer instructs you to report to a different probation office or within a different time frame. 
2.
After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and 
when you must report to the probation officer, and you must report to the probation officer as instructed.
3.
You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the
court or the probation officer.
4.
You must answer truthfully the questions asked by your probation officer.  
5.
You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living 
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying 
the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 
hours of becoming aware of a change or expected change.
6.
You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to 
take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7.
You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from 
doing so.  If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses 
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job 
responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of 
becoming aware of a change or expected change.
8.
You must not communicate or interact with someone you know is engaged in criminal activity.  If you know someone has been 
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the 
probation officer.
9.
If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10.
You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was
designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers). 
11.
You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without 
first getting the permission of the court.
12.
If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may 
require you to notify the person about the risk and you must comply with that instruction.  The probation officer may contact the 
person and confirm that you have notified the person about the risk. 
13.
You must follow the instructions of the probation officer related to the conditions of supervision.
U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.
Defendant's Signature
Date
3
8
MALIK BRECKENRIDGE
2:22-cr-00084-01
Case 2:22-cr-00084     Document 51     Filed 11/17/22     Page 3 of 8 PageID #: 139

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 4B — Probation
Judgment—Page
of
DEFENDANT:
CASE NUMBER:
ADDITIONAL PROBATION TERMS
4
8
MALIK BRECKENRIDGE
2:22-cr-00084-01
While on probation, the defendant must not commit another federal, state, or local crime, must not possess a firearm or other dangerous device, and
must not unlawfully possess a controlled substance. The defendant must also comply with the standard terms and conditions of probation as
recommended by the United States Sentencing Commission and as adopted by the United States District Court for the Southern District of West
Virginia, except that the defendant shall not be required to shall participate in a program of testing, counseling, and treatment for drug and alcohol
abuse as directed by the probation officer. In addition, the defendant shall comply with the following Standard Conditions of Supervision adopted by
the Southern District of West Virginia in Local Rule of Criminal Procedure 32.3:
1) If the defendant is unemployed, the probation officer may direct the defendant to register and remain active with Workforce West Virginia;
2) A term of community service is imposed on every defendant on supervised release or probation. Fifty hours of community service is imposed on
every defendant for each year the defendant is on supervised release or probation. The obligation for community service is waived if the defendant
remains fully employed or actively seeks such employment throughout the year;
3) The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon (i.e., anything that was designed, or was
modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers), and shall reside in a residence free
from such items; and
4) The defendant shall not purchase, possess, or consume any organic or synthetic intoxicants, including bath salts, synthetic cannabinoids, or other
designer stimulants.
Case 2:22-cr-00084     Document 51     Filed 11/17/22     Page 4 of 8 PageID #: 140

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 4D — Probation
Judgment—Page
of
DEFENDANT:
CASE NUMBER:
SPECIAL CONDITIONS OF SUPERVISION
5
8
MALIK BRECKENRIDGE
2:22-cr-00084-01
In addition, the Defendant shall comply with the following Special Conditions of supervision:
1) As a special condition of probation, the Defendant shall be placed on home detention for a term of 8 months as a substitute for imprisonment.
During this period, the Defendant shall remain in his place of residence at all times except for approved absences for gainful employment, community
service, religious services, medical care, educational or training programs, or such other absences as the Probation Officer specifically approves. To
assure that the Defendant complies with this condition, it shall be enforced with electronic monitoring. The Defendant shall pay the costs of electronic
monitoring.
2) The Defendant shall pay restitution in the amount of $41,666 during his term of probation through monthly installments of $200 each, with the first
payment being due within thirty days of the entry of this order, and continuing until paid in full. Payments shall be paid to the Clerk of the Court at
the following address: United States District Clerk’s Office, Robert C. Byrd Federal Building, United States Courthouse, 300 Virginia Street, East,
Charleston, West Virginia 25301.
3) The Defendant must provide the probation officer with access to any requested financial information and authorize the release of any financial
information. The probation office may share financial information with the U.S. Attorney’s Office.
4) The Defendant must not incur new credit charges or open additional lines of credit without the approval of the probation officer.
5) The Defendant shall apply all monies received from income tax refunds, lottery winnings, judgments, and any other anticipated or unanticipated
financial gains to any outstanding Court imposed monetary obligations.
6) The Defendant shall cooperate with the IRS with regard to any civil audit of his personal and business taxes and shall file all tax returns and
amended tax returns as required.
7) The Defendant must make restitution in accordance with 18 U.S.C. § 3663 and 3663A or any other statute authorizing a sentence of restitution.
8) The Defendant shall make third party risk notification to his current or any future employer while on supervised release or probation.
Case 2:22-cr-00084     Document 51     Filed 11/17/22     Page 5 of 8 PageID #: 141

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case 
Sheet 5 — Criminal Monetary Penalties
Judgment — Page
of
DEFENDANT:
CASE NUMBER:
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
-97$$VVHVVPHQW

TOTALS
$
$
Assessment
5HVWLWXWLRQ
)LQH
$9$$$VVHVVPHQW
$
$
$
G
The determination of restitution is deferred until
.  An  Amended  Judgment  in  a  Criminal  Case (AO 245C)  will  be
entered after such determination.
G
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
TOTALS
$
$
G
Restitution amount ordered pursuant to plea agreement   $
G
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).
G
The court determined that the defendant does not have the ability to pay interest and it is ordered that:
G
the interest requirement is waived for the
G
fine
G
restitution.
G
the interest requirement for the 
G
fine
G
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.
6
8
MALIK BRECKENRIDGE
2:22-cr-00084-01
100.00
41,666.00
0.00
0.00
0.00
Small Business Administration
(see Page 7)
41,666.00
0.00
✔
41,666.00
✔
Case 2:22-cr-00084     Document 51     Filed 11/17/22     Page 6 of 8 PageID #: 142

AO 245B (Rev. 09/19) 
Judgment in a Criminal Case
Sheet 5B — Criminal Monetary Penalties
Judgment—Page
of
DEFENDANT:
CASE NUMBER:
ADDITIONAL RESTITUTION PAYEES
Priority or
Name of Payee
Total Loss*
Restitution Ordered
Percentage
* 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.
7
8
MALIK BRECKENRIDGE
2:22-cr-00084-01
Small Business Administration
SBA/DFC
$20,833.00
721 19th Street
3rd Floor, Room 301
Denver, CO 80202
Loan No. 2569758802
Small Business Administration
SBA/DFC
$20,833.00
721 19th Street
3rd Floor, Room 301
Denver, CO 80202
Loan No. 7956568905
Case 2:22-cr-00084     Document 51     Filed 11/17/22     Page 7 of 8 PageID #: 143

AO 245B (Rev. 09/19)
Judgment in a Criminal Case 
Sheet 6 — Schedule of Payments
Judgment — Page
of
DEFENDANT:
CASE NUMBER:
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A
G
Lump sum payment of $  
due immediately, balance due
G
not later than
, or
G
in accordance with G C,
G
D,
G
E, or
G F below; or
B
G
Payment to begin immediately (may be combined with 
G C,
G D, or
G F below); or
C
G
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
G
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
G
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
G
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.
G
Joint and Several
Case Number
Defendant and Co-Defendant Names
(including defendant number)
Total Amount
Joint and Several
Amount
Corresponding Payee, 
if appropriate
G
The defendant shall pay the cost of prosecution.
G
The defendant shall pay the following court cost(s):
G
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 costs.
8
8
MALIK BRECKENRIDGE
2:22-cr-00084-01
✔
The $100 special assessment was paid in full on July 28, 2022. The Defendant shall pay the $41,666 restitution during his term of probation
through monthly installments of $200 each, with the first payment being due within thirty days of the entry of this order, and continuing until
paid in full. Payments shall be paid to the Clerk of the Court at the following address: United States District Clerk’s Office, Robert C. Byrd
Federal Building, United States Courthouse, 300 Virginia Street, East, Charleston, West Virginia 25301.
✔
any and all property in his possession or under his control which constitutes proceeds of or is derived from the proceeds
of the offense
Case 2:22-cr-00084     Document 51     Filed 11/17/22     Page 8 of 8 PageID #: 144

File and source

File

gov.uscourts.wvsd.234070.51.0.pdf

Size

306,704 bytes

SHA-256

214b68e66a2aa5031256679d95bade8dbeb58ab5bc054422b350346b0841bf83

Our copy

gov.uscourts.wvsd.234070.51.0.pdf

Original

PACER (login required)