Court filing
Judgment in a Criminal Case — United States v. Tamir Pratt
Filed September 28, 2023 in U.S. v. Pratt; one of 10 filings from this case.
Record facts
| Court | U.S. District Court, Southern District of West Virginia |
|---|---|
| Filed | 2023-09-28 |
U.S. District Court, Southern District of West Virginia · No. 2:23-cr-00038 · Doc. 29 · 2023-09-28 · 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 Date Southern District of West Virginia Tamir Pratt 2:23-cr-00038 52875-510 Paul E. Stroebel ✔ one of the Information 18 USC § 2315 Receipt of Stolen Money 8/9/2021 One 7 9/28/2023 9/28/2023 Case 2:23-cr-00038 Document 29 Filed 09/28/23 Page 1 of 7 PageID #: 78 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 7 Tamir Pratt 2:23-cr-00038 2 years ✔ ✔ ✔ Case 2:23-cr-00038 Document 29 Filed 09/28/23 Page 2 of 7 PageID #: 79 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 7 Tamir Pratt 2:23-cr-00038 Case 2:23-cr-00038 Document 29 Filed 09/28/23 Page 3 of 7 PageID #: 80 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 4B — Probation Judgment—Page of DEFENDANT: CASE NUMBER: ADDITIONAL PROBATION TERMS 4 7 Tamir Pratt 2:23-cr-00038 While on supervision, the defendant must not commit another federal, state, or local crime; the defendant must not unlawfully possess a controlled substance. The defendant also must comply with the standard terms and conditions of supervised release as recommended by the U.S. Sentencing Commission and as adopted by this Court except that he need not participate in a program of testing, counseling, and treatment for drug and alcohol abuse. The defendant shall comply with the Standard Conditions of Supervision adopted by the Southern District of West Virginia in Local Rule of Criminal Procedure 32.3, as follows: 1) If the offender is unemployed, the probation officer may direct the offender to register and remain active with Workforce West Virginia. 2) Offenders shall submit to random urinalysis or any drug screening method whenever the same is deemed appropriate by the probation officer and shall participate in a substance abuse program as directed by the probation officer. Offenders shall not use any method or device to evade a drug screen. 3) As directed by the probation officer, the defendant will make copayments for drug testing and drug treatment services at rates determined by the probation officer in accordance with a court-approved schedule based on ability to pay and availability of third-party payments. 4) A term of community service is imposed on every offender on supervised release or probation. Fifty hours of community service is imposed on every offender for each year the offender is on supervised release or probation. The obligation for community service is waived if the offender remains fully employed or actively seeks such employment throughout the year. 5) The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. 6) The defendant shall not purchase, possess, or consume any organic or synthetic intoxicants, including bath salts, synthetic cannabinoids, or other designer stimulants. Case 2:23-cr-00038 Document 29 Filed 09/28/23 Page 4 of 7 PageID #: 81 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 4D — Probation Judgment—Page of DEFENDANT: CASE NUMBER: SPECIAL CONDITIONS OF SUPERVISION 5 7 Tamir Pratt 2:23-cr-00038 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. The defendant must not incur new credit charges or open additional lines of credit without the approval of the probation officer. 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. 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. The defendant must make restitution in accordance with 18 U.S.C. § 3663 and 3663A or any other statute authorizing a sentence of restitution. The defendant shall pay restitution in the amount of $7,833.99, to the fullest extent financially feasible. The defendant shall pay restitution through monthly installments of no less than $100 during a term of supervised release with the first installment to be paid within 30 days of entry of this order, until the full amount has been paid. 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. The Clerk of the Court will then forward payments made to the Small Business Administration, 721 19th Street, Suite 325, Denver, Colorado, 80021. Include Case 2:23-cr-00038 Document 29 Filed 09/28/23 Page 5 of 7 PageID #: 82 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 7 Tamir Pratt 2:23-cr-00038 100.00 7,833.99 ✔ Small Business Adminstration $7,833.99 721 19th Street Suite 325 Denver, Colorado 80021 7,833.99 0.00 ✔ ✔ ✔ Case 2:23-cr-00038 Document 29 Filed 09/28/23 Page 6 of 7 PageID #: 83 AO 245B (Rev. 09/19) Judgment in a Criminal Case Sheet 5A — Criminal Monetary Penalties Judgment—Page of DEFENDANT: CASE NUMBER: ADDITIONAL TERMS FOR CRIMINAL MONETARY PENALTIES 7 7 Tamir Pratt 2:23-cr-00038 The $100 special assessment has been paid. The defendant shall make restitution in the total amount of $7,833.99. The restitution amount is due immediately. If not paid immediately, the defendant shall pay the restitution during the term of probation in minimum installments of no less than $100 per month, with the first installment to be paid within 30 days of sentencing, until the full amount has been paid. 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, to be forwarded to the Small Business Administration, 721 19th Street, Suite 325, Denver, Colorado,80021. Include Case 2:23-cr-00038 Document 29 Filed 09/28/23 Page 7 of 7 PageID #: 84
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