Court filing
Judgment in a Criminal Case — United States v. Dontrell Barnes
Record facts
| Court | U.S. District Court, Eastern District of North Carolina |
|---|---|
| Filed | 2024-02-22 |
U.S. District Court, Eastern District of North Carolina · No. 5:23-cr-00094-D · Doc. 77 · 2024-02-22 · Docket on CourtListener
Summary
A judgment in a criminal case as to Dontrell Rayshare Barnes, Case Number 5:23-CR-94-1 D, in the U.S. District Court for the Eastern District of North Carolina, imposed and filed February 22, 2024 as Document 77. The AO 245B form records a guilty plea to count 1, conspiracy to commit wire fraud under 18 U.S.C. § 1349 and 18 U.S.C. § 1343, with the offense ended 9/30/2021. It commits the defendant to the Bureau of Prisons for 12 months and 1 day, recommends placement at FCI Butner and surrender no earlier than 06/20/2024, and imposes 3 years of supervised release. Criminal monetary penalties are a $100.00 assessment and restitution of $153,711.46 to the U.S. Small Business Administration, payable joint and several with co-defendants. The judgment is signed by U.S. District Court Judge James C. Dever III.
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Full text
AO 2458 (Rev. 09/19) Judgment in a Criminal Case Sheet 1 UNITED STATES DISTRICT COURT Eastern District of North Carolina UNITED STA TES OF AMERICA V. DONTRELL RAYSHARE BARNES THE DEFENDANT: itl' pleaded guilty to count(s) 1. ) ) ) ) ) ) ) ) ) JUDGMENT IN A CRIMINAL CASE Case Number: 5:23-CR-94-1 D USMNumber: 60695-510 Jean-Paul Eduard Jacquet-Freese Defendant's Attorney ------------------------------------- □ pleaded nolo contendere to count(s) which was accepted by the court. D was found guilty on count(s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title & Section 18 U.S.C. § 1349 18 U.S.C. § 1343 Nature of Offense Conspiracy to Commit Wire Fraud The defendant is sentenced as provided in pages 2 through the Sentencing Reform Act of 1984. D The defendant has been found not guilty on count(s) > Offense Ended Count 9/30/2021 1 __ 8 __ of this judgment. The sentence is imposed pursuant to D Count(s) D is Dare 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 da)'s 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 defenaant must notify the court and United States attorney of material changes in economic circumstances. 2/22/2024 Date of Imposition of Judgment Signa: f Judge JAMES C. DEVER Ill, US DISTRICT COURT JUDGE Name and Title of Judge 2/22/2024 Date Case 5:23-cr-00094-D Document 77 Filed 02/22/24 Page 1 of 8 AO 245B (Rev. 09/19) Judgment in Criminal Case Sheet 2 - Imprisonment DEFENDANT: DONTRELL RA YSHARE BARNES CASE NUMBER: 5:23-CR-94-1 D IMPRISONMENT Judgment - Page _ _,,2,___ of The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: 12 months and 1 day. 0 The court makes the following recommendations to the Bureau of Prisons: The court recommends vocational training/ educational opportunities and placement at FCI Butner. D The defendant is remanded to the custody of the United States Marshal. liZl The defendant shall surrender to the United States Marshal for this district: D at _________ D a.m. D p.m. on !if as notified by the United States Marshal. no earlier than 06/20/2024. D The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: D before 2 p.m. on D as notified by the United States Marshal. D 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 STA TES MARSHAL By DEPUTY UNITED STATES MARSHAL 8 Case 5:23-cr-00094-D Document 77 Filed 02/22/24 Page 2 of 8 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 3 - Supervised Release DEFENDANT: DONTRELLRAYSHAREBARNES CASE NUMBER: 5:23-CR-94-1 D SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of: 3 years. MANDATORY CONDITIONS 1. You must not commit another federal, state or local crime. 2. You must not unlawfully possess a controlled substance. Judgment-Page 3 8 of ----- 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. lit] 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. Ill You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of restitution. (check if applicable) 5. ~ You must cooperate in the collection ofDNA as directed by the probation officer. (check if applicable) 6. D 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) 7. D 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 5:23-cr-00094-D Document 77 Filed 02/22/24 Page 3 of 8 AO 2458 (Rev. 09/19) Judgment in a Criminal Case Sheet 3A- Supervised Release DEFENDANT: DONTRELL RAYSHARE BARNES CASE NUMBER: 5:23-CR-94-1 D Judgment-Page STANDARD CONDITIONS OF SUPERVISION 4 r 8 _____ o _____ _ As part of your supervised release, 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 your release from imprisonment, 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 ofa 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 ------------ Case 5:23-cr-00094-D Document 77 Filed 02/22/24 Page 4 of 8 AO 2458 (Rev. 09/19) Judgment in a Criminal Case Sheet 3D - Supervised Release DEFENDANT: DONTRELL RAYSHARE BARNES CASE NUMBER: 5:23-CR-94-1 D Judgment-Page 5 SPECIAL CONDITIONS OF SUPERVISION The defendant shall submit to financial or consumer credit counseling as directed by the probation office. of 8 The defendant shall not incur new credit charges or open additional lines of credit without approval of the probation office. The defendant shall provide the probation office with access to any requested financial information. The defendant must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of restitution. If the defendant has any unpaid amount of restitutions, fines, or special assessments, the defendant shall notify probation office of any material change in economic circumstances that might affect the defendant's ability to pay. Case 5:23-cr-00094-D Document 77 Filed 02/22/24 Page 5 of 8 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 5 - Criminal Monetary Penalties DEFENDANT: DONTRELLRAYSHAREBARNES CASE NUMBER: 5:23-CR-94-1 D Judgment - Page __ 6~_ CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. of 8 Assessment $ 100.00 Restitution Fine AV AA Assessment* $ JVTA Assessment** TOTALS $ 153,711.46 $ $ D The determination ofrestitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) 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 priori!)' 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 U.S. Small Business Administration 721 19th Street 3rd Floor, Room 302 Denver, CO 80202 TOTALS $ Total Loss*** Restitution Ordered Priority or Percentage $153,711.46 $153,711.46 100 153,711.46 $ ____ 1_5_3_,7_11_.4_6_ D Restitution amount ordered pursuant to plea agreement $ D The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(±). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). ili The court determined that the defendant does not have the ability to pay interest and it is ordered that: ili the interest requirement is waived for the D fine ili restitution. D the interest requirement for the D fine D restitution is modified as follows: * Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299. .· ** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22. *** Findings for the total amount oflosses are required under Chapters 109A, 110, 1 IOA, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996. • Case 5:23-cr-00094-D Document 77 Filed 02/22/24 Page 6 of 8 AO 2458 (Rev. 09/19) Judgment in a Criminal Case Sheet 6 - Schedule of Payments DEFENDANT: DONTRELL RA YSHARE BARNES CASE NUMBER: 5:23-CR-94-1 D SCHEDULE OF PAYMENTS Judgment - Page Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows: A D Lump sum payment of$ due immediately, balance due D not later than D in accordance with D C, D D, , or D E,or B ~ Payment to begin immediately (may be combined with D F below; or DC, DD, or ~ F below); or 7 C D Payment in equal _____ (e.g., weekly, monthly, quarterly) installments of $ ____ over a period of of (e.g., months or years), to commence _____ (e.g., 30 or 60 days) after the date of this judgment; or D 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 D 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 !ill Special instructions regarding the payment of criminal monetary penalties: 8 Payment of the special assessment and restitution due in full immediately. Pay a minimum payment of $25 per quarter through the IFRP. At the time of release shall be paid in installments of $200 per month to begin 60 days after the defendant's release from prison. 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. Ill Joint and Several Case Number Defendant and Co-Defendant Names (including defendant number) Monica Faye Barnes 5:23-CR-94-1 D D The defendant shall pay the cost of prosecution. Total Amount 153,711.46 D The defendant shall pay the following court cost(s): Joint and Several Amount 153,711.46 D The defendant shall forfeit the defendant's interest in the following property to the United States: Corresponding Payee, if appropriate Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment, ( 5) fine principal, ( o) fine interest, (7) community restitution, (8) JVT A assessment, (9) penalties, and (I 0) costs, mcluding cost of prosecution and court costs. Case 5:23-cr-00094-D Document 77 Filed 02/22/24 Page 7 of 8 AO 2458 (Rev. 09/19) Judgment in a Criminal Case Sheet 6A - Schedule of Payments DEFENDANT: DONTRELL RA YSHARE BARNES CASE NUMBER: 5:23-CR-94-1 D Judgment-Page 8 of -~8~- ADDITIONAL DEFENDANTS AND CO-DEFENDANTS HELD JOINT AND SEVERAL Case Number Defendant and Co-Defendant Names (including defendant number) Quentin Allen Jackson 5:22-CR-180-1 D Schunda Coleman 5:22-CR-257-2D Edward Sheldon Whitaker 5:22-CR-257-1 D Total Amount $153,711.46 $153,711.46 $153,711.46 Joint and Several Amount $153,711.46 $153,711.46 $153,711.46 Corresponding Payee, if appropriate Case 5:23-cr-00094-D Document 77 Filed 02/22/24 Page 8 of 8
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