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Judgment — United States v. Sean Patrick Boyd, Jr.

Summary

An AO 245B Judgment in a Criminal Case in United States v. Sean Patrick Boyd, Jr., Case Number 2:23-cr-00123, in the U.S. District Court for the Southern District of West Virginia, filed February 22, 2024 as Document 47. The judgment records that the defendant pleaded guilty to a single-count Indictment charging Receipt of Stolen Money under 18 U.S.C. § 2315, and the court imposed judgment on February 21, 2024. It sentences the defendant to probation for five years, with mandatory, standard, additional and special conditions of supervision. The criminal monetary penalties are a $100.00 assessment and restitution of $23,817.79 payable to the Small Business Administration. The order applies $6,590.00 held by the Clerk's Office to restitution and sets the remaining $17,227.79 at not less than $100 per month. The judgment is eight pages.

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                Case 2:23-cr-00123                   Document 47        Filed 02/22/24              Page 1 of 8 PageID #: 133
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 1



                                          UNITED STATES DISTRICT COURT
                                                        Southern District
                                                      __________          of West
                                                                   District       Virginia
                                                                             of __________
                                                                          )
              UNITED STATES OF AMERICA                                    )         JUDGMENT IN A CRIMINAL CASE
                         v.                                               )
                  SEAN PATRICK BOYD, Jr.                                  )
                                                                          )         Case Number: 2:23-cr-00123
                                                                          )         USM Number: 76055-510
                                                                          )
                                                                          )          Emily Szopinski, Asst. Federal Public Defender
                                                                          )         Defendant’s Attorney
THE DEFENDANT:
✔ pleaded guilty to count(s)
G                                     single-count Indictment
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. § 2315                  Receipt of Stolen Money                                                   8/1/2023                single-count




       The defendant is sentenced as provided in pages 2 through                8          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.

                                                                                                           2/21/2024
                                                                         Date of Imposition of Judgment




                                                                         Signature of Judge




                                                                         Name and Title of Judge


                                                                                                           2/22/2024
                                                                         Date
                Case 2:23-cr-00123                   Document 47    Filed 02/22/24         Page 2 of 8 PageID #: 134
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 4—Probation
                                                                                                       Judgment—Page     2    of        8
 DEFENDANT: SEAN PATRICK BOYD, Jr.
 CASE NUMBER: 2:23-cr-00123
                                                              PROBATION
 You are hereby sentenced to probation for a term of:
      FIVE (5) YEARS.




                                                      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.
               Case 2:23-cr-00123                    Document 47     Filed 02/22/24          Page 3 of 8 PageID #: 135
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 4A — Probation
                                                                                                 Judgment—Page        3       of         8

DEFENDANT: SEAN PATRICK BOYD, Jr.
CASE NUMBER: 2:23-cr-00123

                                        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
               Case 2:23-cr-00123                    Document 47   Filed 02/22/24   Page 4 of 8 PageID #: 136
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 4C — Probation
                                                                                           Judgment—Page   4     of      8
DEFENDANT: SEAN PATRICK BOYD, Jr.
CASE NUMBER: 2:23-cr-00123

                           ADDITIONAL STANDARD CONDITIONS OF SUPERVISION
 1. If the defendant is unemployed, the probation office may direct the defendant to register and remain active with
 Workforce West Virginia.

 2. Defendants 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.
 Defendants shall not use any method or device to evade a drug screen.

 3. As directed by the probation officer, the defendant will make co-payments 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 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.

 5. 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.

 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-00123                    Document 47   Filed 02/22/24   Page 5 of 8 PageID #: 137
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 4D — Probation
                                                                                            Judgment—Page    5     of         8
DEFENDANT: SEAN PATRICK BOYD, Jr.
CASE NUMBER: 2:23-cr-00123

                                          SPECIAL CONDITIONS OF SUPERVISION


 1. You must continue to pursue obtaining your GED.

 2. You must not incur new credit charges or open additional lines of credit without the approval of the probation officer.

 3. You 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.

 4. The defendant shall cooperate with the IRS with regard to any civil audit of his/her personal and business taxes and
 shall file all tax returns and amended tax returns as required.

 5. You must make restitution in accordance with 18 U.S.C. § 3663 and 3663A or any other statute authorizing a sentence
 of restitution.

 6. You shall pay restitution in the amount of $23,817.79, of which $6,590.00 is currently in possession of the District Court
 Clerk's Office, in accordance with the instructions on page 7 of this Judgment Order. 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.
Case 2:23-cr-00123 Document47_ Filed 02/22/24 Page 6 of 8 PagelD #: 138
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

Judgment — Page 6 of 8

DEFENDANT: SEAN PATRICK BOYD, Jr.
CASE NUMBER: 2:23-cr-00123

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 100.00 $ 23,817.79 $ $ $
L]_ The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be

entered after such determination.
W\ 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 pro ortioned 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
Small Business Administration $23,817.79 $23,817.79 100%

721 19th Street, Suite 325
Denver, Colorado, 80021

TOTALS $ 23,817.79 $ 23,817.79

Restitution amount ordered pursuant to plea agreement $

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).

L]_ The court determined that the defendant does not have the ability to pay interest and it is ordered that:
M1 the interest requirement is waived forthe 1 fine M_ restitution.

L] the interest requirement forthe 1 fine [1 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.
               Case 2:23-cr-00123                 Document 47   Filed 02/22/24     Page 7 of 8 PageID #: 139
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 5A — Criminal Monetary Penalties
                                                                                            Judgment—Page    7     of          8
DEFENDANT: SEAN PATRICK BOYD, Jr.
CASE NUMBER: 2:23-cr-00123

                       ADDITIONAL TERMS FOR CRIMINAL MONETARY PENALTIES

 Restitution in the amount of $23,817.79 of which $6,590.00 is currently being held in the registry of the Clerk's Office for
 the Southern District of West Virginia, is due and owing immediately. The Clerk's Office shall immediately apply the
 $6,590.00 to the restitution balance and pay the same to the victim. The remaining restitution amount of $17,227.79 is due
 and owing in full immediately. The court shall be notified by the defendant, and may be notified by the United States or the
 victim, with respect to any material change in the defendant's economic circumstances that will affect his ability to pay
 restitution. Notwithstanding any material change that may occur in the future, and, in view of the financial resources and
 other assets of the defendant and his projected earnings and other income as well as his financial obligations, including
 obligations to dependents, all as set forth in the presentence report, the $17,227.79 restitution amount, to the extent not
 paid immediately, shall be paid at the rate of not less than $100 per month on the first day of each month beginning
 immediately. This sum of $100 may be increased by the court in accordance with any such material change, and, in doing
 so, the court may consider the findings and recommendations of, and a revised schedule of payments developed by, the
 probation officer in keeping with the reasonable income capacity of the defendant as it exceeds or falls below, as the case
 may be, the reasonably necessary fixed living expenses of the defendant and any dependents after taking into account the
 reduction of such reasonably necessary fixed living expenses by income of the defendant's dependents or members of the
 defendant's household. You shall apply all monies received from income tax refunds, lottery winnings, judgments, and any
 other anticipated or unanticipated financial gains to any outstanding restitution amount.

 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.
                Case 2:23-cr-00123                Document 47              Filed 02/22/24           Page 8 of 8 PageID #: 140
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 6 — Schedule of Payments

                                                                                                               Judgment — Page      8      of      8
 DEFENDANT: SEAN PATRICK BOYD, Jr.
 CASE NUMBER: 2:23-cr-00123

                                                        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 $ 23,817.79
      G                                                         due immediately, balance due

            G     not later than                                    , or
            ✔
            G     in accordance with G C,           G D,       G E, or         ✔ F below; or
                                                                               G
 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    ✔ Special instructions regarding the payment of criminal monetary penalties:
      G
             The $100 Special Assessment has been paid in full. The District Court Clerk is to immediately apply the $6,590.00
             it is holding to restitution, and the remaining restitution balance of $17,227.79 shall be paid in accordance with
             instructions set forth on page seven of this Judgment Order.



 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                                                     Joint and Several                Corresponding Payee,
      (including defendant number)                         Total Amount                         Amount                          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.

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