Amended judgment — United States v. David Tyler Hines

Record facts

U.S. District Court, Southern District of Florida · No. 1:21-cr-20011-MGC · Doc. 62 · 2021-05-17 · Docket on CourtListener

Full text

USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case 
Page 1 of 6
 
 
 
 
 
UNITED STATES DISTRICT COURT  
Southern District of Florida  
Miami Division  
 
UNITED STATES OF AMERICA 
v.  
DAVID TYLER HINES  
 
(AMENDED JUDGMENT) 
JUDGMENT IN A CRIMINAL CASE  
Case Number: 21-20011-CR-COOKE  
USM Number:   
Counsel For Defendant: Elizabeth Blair, AFPD   
Counsel For The United States: Emily Scruggs and Michael 
Berger   
Court Reporter: Jill Wells   
Date of Original Judgment: 5/12/2021 
AMENDMENT REASONS: 
Modification of Restitution Order (18 U.S.C. 3664) 
The defendant pleaded guilty to count 1 of the Information. 
The defendant is adjudicated guilty of these offenses:  
TITLE & SECTION 
NATURE OF OFFENSE 
OFFENSE 
ENDED 
COUNT 
18, U.S.C. 1343 
Wire fraud. 
06/2020 
1 
The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant 
to the Sentencing Reform Act of 1984.  
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 Sentence: 
 
 
 
 
 
 
 
 
5/17/2021 nunc pro tunc to 5/12/2021 
 
 
 
 
 
 
 
 
 
 
 
 
 
May 17, 2021 
Case 1:21-cr-20011-MGC   Document 62   Entered on FLSD Docket 05/17/2021   Page 1 of 6

USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case 
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DEFENDANT: DAVID TYLER HINES 
CASE NUMBER: 21-20011-CR-COOKE 
IMPRISONMENT  
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a 
total term of 78 months.  
The court makes the following recommendations to the Bureau of Prisons: Participation in the Bureau of 
Prisons Residential Drug and Alcohol Treatment Program, and designation to a facility in the Southern 
District of Florida.  
The defendant is remanded to the custody of the United States Marshal. 
 
RETURN 
I have executed this judgment as follows: 
 
 
 
 
 
 
 
Defendant delivered on ________________________________________ to ________________________________________  
 
at ________________________________________, with a certified copy of this judgment. 
 
___________________________________________ 
UNITED STATES MARSHAL  
___________________________________________  
DEPUTY UNITED STATES MARSHAL  
Case 1:21-cr-20011-MGC   Document 62   Entered on FLSD Docket 05/17/2021   Page 2 of 6

USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case 
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DEFENDANT: DAVID TYLER HINES 
CASE NUMBER: 21-20011-CR-COOKE 
SUPERVISED RELEASE  
Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years. 
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 of a 
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, as determined by the court. 
The defendant shall cooperate in the collection of DNA as directed by the probation officer. 
The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. 
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 fifteen 
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 1:21-cr-20011-MGC   Document 62   Entered on FLSD Docket 05/17/2021   Page 3 of 6

USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case 
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DEFENDANT: DAVID TYLER HINES 
CASE NUMBER: 21-20011-CR-COOKE 
 
SPECIAL CONDITIONS OF SUPERVISION  
 
Financial Disclosure Requirement - The defendant shall provide complete access to financial information, 
including disclosure of all business and personal finances, to the U.S. Probation Officer. 
 
No New Debt Restriction - The defendant shall not apply for, solicit or incur any further debt, included but not 
limited to loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or through 
any corporate entity, without first obtaining permission from the United States Probation Officer. 
 
Self-Employment Restriction - The defendant shall obtain prior written approval from the Court before entering 
into any self-employment. 
 
Substance Abuse Treatment - The defendant shall participate in an approved treatment program for drug and/or 
alcohol abuse and abide by all supplemental conditions of treatment. Participation may include 
inpatient/outpatient treatment. The defendant will contribute to the costs of services rendered (co-payment) based 
on ability to pay or availability of third party payment. 
 
Unpaid Restitution, Fines, or Special Assessments - If the defendant has any unpaid amount of restitution, fines, 
or special assessments, the defendant shall notify the probation officer of any material change in the defendant’s 
economic circumstances that might affect the defendant’s ability to pay.  
Case 1:21-cr-20011-MGC   Document 62   Entered on FLSD Docket 05/17/2021   Page 4 of 6

USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case 
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DEFENDANT: DAVID TYLER HINES 
CASE NUMBER: 21-20011-CR-COOKE 
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  
$0.00  
$4,809,307.00  
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 with Imprisonment - It is further ordered that the defendant shall pay restitution in the amount 
of $4,809,307.00. During the period of incarceration, payment shall be made as follows: (1) if the defendant 
earns wages in a Federal Prison Industries (UNICOR) job, then the defendant must pay 50% of wages 
earned toward the financial obligations imposed by this Judgment in a Criminal Case; (2) if the defendant 
does not work in a UNICOR job, then the defendant must pay a minimum of $25.00 per quarter toward the 
financial obligations imposed in this order. Upon release of incarceration, the defendant shall pay restitution 
at the rate of 10% of monthly gross earnings, until such time as the court may alter that payment schedule 
in the interests of justice. The U.S. Bureau of Prisons, U.S. Probation Office and U.S. Attorney’s Office shall 
monitor the payment of restitution and report to the court any material change in the defendant’s ability to 
pay. These payments do not preclude the government from using other assets or income of the defendant to 
satisfy the restitution obligations. 
* 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. 
**Assessment due immediately unless otherwise ordered by the Court. 
Case 1:21-cr-20011-MGC   Document 62   Entered on FLSD Docket 05/17/2021   Page 5 of 6

USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case 
Page 6 of 6
 
 
 
 
 
DEFENDANT: DAVID TYLER HINES 
CASE NUMBER: 21-20011-CR-COOKE 
 
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 payment of $100.00 due immediately.   
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 clerk of the court.  
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties 
imposed.  
This assessment/fine/restitution is payable to the CLERK, UNITED STATES COURTS and is to be addressed to:  
U.S. CLERK'S OFFICE  
ATTN: FINANCIAL SECTION  
400 NORTH MIAMI AVENUE, ROOM 08N09  
MIAMI, FLORIDA 33128-7716   
The assessment/fine/restitution is payable immediately. The U.S. Bureau of Prisons, U.S. Probation Office and the 
U.S. Attorney's Office are responsible for the enforcement of this order.  
The Government shall file a preliminary order of forfeiture within 3 days. 
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) penalties, and (8) costs, including cost of 
prosecution and court costs.  
Case 1:21-cr-20011-MGC   Document 62   Entered on FLSD Docket 05/17/2021   Page 6 of 6

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