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Courtroom Minutes of Criminal Proceedings, Sentencing — United States v. Scott Suber (E.D. Va., Dkt. 32)

Summary

Courtroom Minutes of Criminal Proceedings for a sentencing in United States v. Scott Suber, Case 2:20-cr-00110-RGD-LRL, Document 32, filed 05/20/21, in the U.S. District Court (E.D. Va.), Norfolk/Newport News Division. The form lists a sentencing set for 9:30 a.m. on 5/20/21 before Judge Robert G. Doumar, with defense counsel Scott Hallauer (retained) and probation officer Tara Gill. It prints sections for the imprisonment sentence, probation and supervised release, special conditions of supervision, financial penalties, and appeal rights. The form includes a line for a finding of guilt as to Count(s) 1 after a plea.

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“Courtroom Minutes of Criminal Proceedings, Sentencing — United States v. Scott Suber (E.D. Va., Dkt. 32).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-va-no-2-20-cr-00110-dkt-32-e-d-va-c897b3c3b4/, SHA-256 4651fad379785a84ca262f80cf390a3a56344b7b74adb90834695eb577180c53.

Full text

      Case 2:20-cr-00110-RGD-LRL Document 32 Filed 05/20/21 Page 1 of 3 PageID# 176
                               COURTROOM MINUTES OF CRIMINAL PROCEEDINGS
                                    NORFOLK/NEWPORT NEWS DIVISION
SENTENCING
      Set:   9:30 a.m.                                                 Date:      5/20/21
Started:        '30.m                                             Judge:       Robert G. Doumar.SUSDJ
  Ended:                                                     Court Reporter:                        /Ul^Jctnx, OCJ^
                                                              U.S. Attorney:         Alan Salsburv
                                                             Defense Counsel:        Scott Hallauer. Retained
                                                             CRD/Law Clerk:          Lori Baxter / Chris Carter
                                                              Probation Officer:        Tara Gill


Case No.      2:20CR110-01                  Defendant:       SCOTT SUBER

  X     Came on for disposition.          ( } in custody {V^ on bond
        Govt/Deft motion for.                                                 Argued.
                         Granted.                 Denied.
        Presentence report reviewed.             V Objections heard and rulings made.
        Evidence presented.(Witnesses and exhibits listed on last page)
        Arguments of counsel.
 \/ Statement of defendant. (Sworn j^swo^
   Court finds deft. GUILTY as to Count(s) 1 after a plea before a USMJ.                              IsI'I \A0)
       Defendant advised of rights and consents to proceeding via ZoomGov.

       Due Process Protections Act reviewed and entered.

                                                 IMPRISONMENT


SENTENCE: Countisl 1 : The deft, shall be committed to the custody of B.O.P. to be imprisoned for a
term of         months. The term consists of     months on Count           and a term of       months
on Count          ,to be served

        The deft, is remanded to the custody of the U.S. Marshal.

        The deft, shall receive credit for time served.

  \/ The deft, shall surrender for service of tl\e ser
                                           of the  sentence at the Institution designated by the Bureau of
Prisons/U.S.
 •isons/U.S Marshal, before          on ^/^/                      . as notified by the U.S. Marshal. If no
 l^gn^iyr received, the deft, is (o report to the USM, 600 Granby Street, Norfolk, VA before ^'C^/*|on
designatign
                                      PROBATION / SUPERVISED RELEASE


      The defendant shall be on probation for a term of.           . years.


                                                                                    of_2_ years.
y Upon release from imprisonment,the deft,shall be on supervised release for a term ot—
This term consists of           years on Count            , and               years on Count         , all to run
concurrently.
     Case 2:20-cr-00110-RGD-LRL Document 32 Filed 05/20/21 Page 2 of 3 PageID# 177

                                     SPECIAL CONDITIONS OF SUPERVISION


       As reflected in the presentence report,the deft, presents a low risk of future substance abuse and
therefore,the court hereby suspends the mandatory condition for substance abuse testing as defined by 18
use 3563(a)(5). However,this does not preclude the probation office from administering drug tests as they
may deem appropriate.

       The deft,shall participate in a program approved by the United States Probation Office for substance
abuse, which program may include residential treatment and testing to determine whether the deft, has
reverted to the use of drugs or alcohol, with partial cost to be paid by the deft., all as directed by the
probation officer.

  \/ti The deft, shall participate in a program approved by the United States Probation Office for mental
health program/angor managomGnt/alcohol education treatment. The costs of these programs are to be
paid partially by the deft, as directed by the probation officer.

  \/ The deft, shall waive all rights of confidentiality regarding substanee-abttse treatment in order to allow
the release of information to the United States Probation Office and the Bureau of Prisons and authorize
communication between the probation officer, the Bureau of Prisons and any treatment provider.

      The deft, shall not incur new credit charges or open additional lines of credit without the approval of
the probation officer.

 n/i_The deft, shall provide the probation officer access to any requested financial information.
   V The defendant shall apply monies received from income tax refunds, lottery winnings, inheritances.
Judgments, and any anticipated or unexpected financial gains to the outstanding court-ordered financial
obligation.

 \/^The defendant shall participate in th
                                       in theTreas


  y The defendant shall pay for the support of his children In the amount ordered by any social service
agency or court of competent jurisdiction and shall register with the Department of Child Support
Enforcem^t in any state in which he resides.                        ,            y •          -

       ^The deft, shall te on Home Detention, which shall include electronic monitoring at the deft's expense,
for a period of             consecutive months/days. During this time, he/she shall remain at his/her place of
residence except for employment and other activities approved in advance by the probation officer.
      While on home detention, the deft, shall maintain a telephone at his place of residence without party
lines, telephone answering machines, a modem,"call forwarding," "caller ID," "call waiting," "portable
cordless telephones or any other devices or services that may interfere with the proper functioning of the
electronic monitoring equipment for the above period. He shall wear an electronic monitoring device,follow
electronic monitoring procedures, and pay the cost of the electronic monitoring, all as directed by the
probation officer.

     _The defendant shall obtain a General Equivalency Diploma (GED)or a vocational skill.
       Upon completion of his term of Imprisonment,the defendant is to be surrendered to a duly-authorized
immigration official of the Dept. of Homeland Security United States Immigration and Customs Enforcement
for a deportation review In accordance with established procedures provided by the Immigration and
Naturalization Act,8 U.S.C. 1101 et seq. As a further condition of supervised release, if ordered deported, the
defendant shall remain outside the United States.
     Case 2:20-cr-00110-RGD-LRL Document 32 Filed 05/20/21 Page 3 of 3 PageID# 178
                                             FINANCIAL PENALTIES


  \/ Court finds defendant is not capable of paying a fine.
  \/^ The deft, shail pay a special assessment of S 100.00 as to each count. TOTAL: -friuOi'UO
     ^ The deft, shail pay a fine of S                     . Interest waiwd?              yes/         no
   \7^ The deft, shail make restitution in the amount of 5 jf/)       ^
                                                                      ! .yic—^
TToh r.                CAJ\J^                                   'interest waived?        \/    yes/         no

         Restitution is joint and several with.
         Restitution Order entered and filed in open court.
         Consent Order of Forfeiture entered and filed in open court.

                                           SCHEDULE OF PAYMENTS


      The Special Assessment sh^^^ue in fuil immediately.
 \X Anv balance remaining unpaid on the special assessment afthe inception of supervision shall be paid by
the defendant in installments of not less than            per month, until paid in full. Said payments shall
commence M days after defendant's supervision begins.
      ^At the time supervision commences,the probation officer shail take into consideration the defendant's
economic status as it pertains to his ability to pay the special assessment ordered and shall notify the court of
any changes that may be needed to be made to the payment schedule.
. V/Anv special assessment ^l^yments may be subject to penalties for default and delinquency.
 \/ Nothing in the court's order shail prohibit the collection of any judgment or fine by the United States.
 \XSince this judgment imposes a period of imprisonment, payment of criminal monetary penalties,
including the special assessment, shall be due during the period of imprisonment. Ail criminal monetary
penalty payments,including the special assessment, are to be made to the Clerk, United States District Court,
except those payments made through the Bureau of Prisons' Inmate Financial Responsibility Program.

               APPEAL RIGHTS/DISMISSAL OF COUNTS/BOP RECOMMENDATIONS

       The deft, notified of right of appeal.
       Court noted that deft, waived right of appeal in plea agreement.
       On motion of govt. the remaining counts of the indictment,to which the deft, has not pled guilty, are
       The deft, is continued on present bond & cautioned re: bail jumping.
         The Court recommends/directs that while incarcerated:
                    The Court recommends that the defendant be housed in an institution

                      The defendant shail participate in a substance abuse program.
                      The defendant shall participate in a mental health treatment program.
                      The defendant shall develop a skill or trade.
                      The defendant shall obtain his/her GED.

                                         Comments/Witnesses/Exhibits


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