Amended Judgment as to Malik Breckenridge, Count 1 — United States v. Breckenridge (Dkt. 56, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 56 · 2022-11-21 · Docket on CourtListener

Full text

Case
2:22-cr-00084
Document
56
AO 245C (Rev. 09/19)
Amended
Judgment in a Criminal
Case
Sheet 1

Filed 11/21/22

Page 1 of (NOTE:
8 PageID
178with Asterisks (*))
Identify#:
Changes

UNITED STATES DISTRICT COURT
__________
District
__________
Southern
District
of of
West Virginia
)
AMENDED JUDGMENT IN A CRIMINAL CASE
UNITED STATES OF AMERICA
)
v.
)
MALIK BRECKENRIDGE
) Case Number: 2:22-cr-00084-01
) USM Number: 99286-509
) Rhett H. Johnson, AFPD
Date of Original Judgment: 11/17/2022
(Or Date of Last Amended Judgment)
) Defendant’s Attorney
THE DEFENDANT:

✔ pleaded guilty to count(s)
One of the Indictment
G
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

18 U.S.C. § 1343

Wire Fraud

8/10/2021

One

The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.

8

of this judgment. The sentence is imposed pursuant to

G The defendant has been found not guilty on count(s)
✔ Count(s) Two of the Indictment
✔ is G are dismissed on the motion of the United States.
G
G
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.

11/21/2022
Date of Imposition of Judgment

Signature of Judge
Name and Title of Judge

11/21/2022
Date


CaseAmended
2:22-cr-00084
Document
56
AO 245C (Rev. 09/19)
Judgment in a Criminal
Case
Sheet 4 — Probation

Filed 11/21/22

Page 2 of 8 PageID #: 179
(NOTE: Identify Changes with Asterisks (*))
Judgment—Page

DEFENDANT: MALIK BRECKENRIDGE
CASE NUMBER: 2:22-cr-00084-01

2

of

8

PROBATION
You are hereby sentenced to probation for a term of:

SIXTY (60) MONTHS.

MANDATORY CONDITIONS
1.
2.
3.

4.
5.
6.
7.
8.
9.
10.

You must not commit another federal, state or local crime.
You must not unlawfully possess a controlled substance.
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.
✔ The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future
G
substance abuse. (check if applicable)
✔
G You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
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)
G You must participate in an approved program for domestic violence. (check if applicable)
✔ You must make restitution in accordance with 18 U.S.C. § 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if applicable)
G
You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
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.


CaseAmended
2:22-cr-00084
Document
56
AO 245C (Rev. 09/19)
Judgment in a Criminal
Case
Sheet 4A — Probation

Filed 11/21/22

Page 3 of 8 PageID #: 180
(NOTE: Identify Changes with Asterisks (*))
Judgment—Page

3

of

8

DEFENDANT: MALIK BRECKENRIDGE
CASE NUMBER: 2:22-cr-00084-01

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


CaseAmended
2:22-cr-00084
Document
56
AO 245C (Rev. 09/19)
Judgment in a Criminal
Case
Sheet 4B — Probation

Filed 11/21/22

Page 4 of 8 PageID #: 181
(NOTE: Identify Changes with Asterisks (*))
Judgment—Page

DEFENDANT: MALIK BRECKENRIDGE
CASE NUMBER: 2:22-cr-00084-01

4

of

8

ADDITIONAL PROBATION TERMS
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.


CaseAmended
2:22-cr-00084
Document
56
AO 245C (Rev. 09/19)
Judgment in a Criminal
Case
Sheet 4D — Probation

Filed 11/21/22

Page 5 of 8 PageID #: 182
(NOTE: Identify Changes with Asterisks (*))
Judgment—Page

5

of

8

DEFENDANT: MALIK BRECKENRIDGE
CASE NUMBER: 2:22-cr-00084-01

SPECIAL CONDITIONS OF SUPERVISION
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.
9) The Defendant shall be placed on the Treasury Offset Program.


CaseAmended
2:22-cr-00084
Document
56
AO 245C (Rev. 09/19)
Judgment in a Criminal
Case
Sheet 5 — Criminal Monetary Penalties

Filed 11/21/22

Page 6 of 8 PageID #: 183
(NOTE: Identify Changes with Asterisks (*))
Judgment — Page

DEFENDANT: MALIK BRECKENRIDGE
CASE NUMBER: 2:22-cr-00084-01

6

of

8

CRIMINAL MONETARY PENALTIES
The defendant must pay the following total criminal monetary penalties under the schedule of payments on Sheet 6.
TOTALS

5HVWLWXWLRQ)LQHAVAA Assessment*JVTA AssessPHQW
$ 41,666.00
$ 0.00
$ 0.00
$ 0.00

Assessment
$ 100.00

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 shall 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.
Restitution Ordered

Total Loss***

Name of Payee

Priority or Percentage

Small Business Administration
(see Page 7)

TOTALS

41,666.00

$

$

0.00

✔
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
G the interest requirement for the

G fine

G fine

41,666.00

G restitution.

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.


CaseAmended
2:22-cr-00084
Document
56
AO 245C (Rev. 09/19)
Judgment in a Criminal
Case
Sheet 5B — Criminal Monetary Penalties

Filed 11/21/22

Page 7 of 8 PageID #: 184
(NOTE: Identify Changes with Asterisks (*))
Judgment — Page

DEFENDANT: MALIK BRECKENRIDGE
CASE NUMBER: 2:22-cr-00084-01

7

of

8

ADDITIONAL RESTITUTION PAYEES
Name of Payee

Total Loss*

Restitution Ordered

Priority or
Percentage

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

* Findings for the total amount of losses are required by Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or
after September 13, 1994, but before April 23, 1996.


CaseAmended
2:22-cr-00084
Document
56
AO 245C (Rev. 09/19)
Judgment in a Criminal
Case
Sheet 6 — Schedule of Payments

Filed 11/21/22

Page 8 of 8 PageID #: 185
(NOTE: Identify Changes with Asterisks (*))
Judgment — Page

DEFENDANT: MALIK BRECKENRIDGE
CASE NUMBER: 2:22-cr-00084-01

8

of

8

SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties shall be due as follows:
A

G Lump sum payment of $
G not later than
G in accordance with G C,

due immediately, balance due

G D,

G

, or
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

D

G Payment in equal

E

G Payment during the term of supervised release will commence within

F

✔ Special instructions regarding the payment of criminal monetary penalties:
G

(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

(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., 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

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.

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):
✔ The defendant shall forfeit the defendant’s interest in the following property to the United States:
G
any and all property in his possession or under his control which constitutes proceeds of or is derived from the
proceeds of the offense
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.

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