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Amended Judgment in a Criminal Case — United States v. Simone Thomas (Dkt. 23, August 29, 2024)

Summary

This amended judgment in a criminal case, signed by Magistrate Judge Brian K. Epps in the Southern District of Georgia, corrects a clerical error in the original judgment dated August 26, 2024. Defendant Simone Thomas pleaded guilty to Count 1, DUI on a Military Reservation, and Count 2 of the Information is dismissed on the motion of the United States. The sentence is 12 months of probation, with special conditions of 40 hours of community service within 12 months, a DUI Alcohol Use Risk Reduction Program and a clinical evaluation. A $25 assessment is due immediately, with payments of $30 per month for ten months.

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“Amended Judgment in a Criminal Case — United States v. Simone Thomas (Dkt. 23, August 29, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-24-cr-00018-dkt-23-cfaacdcba4/, SHA-256 14b3bad1223c26ba40a70f46b7787095a91559f362301708f90f82b383fb2b6d.

Full text

                         Case 1:24-cr-00018-BKE Document 23 Filed 08/29/24 Page 1 of 6
GAS 245B          (Rev. 03/23) Amended Judgment in a Criminal Case
Mag Probation



                                         UNITED STATES DISTRICT COURT
                                                     SOUTHERN DISTRICT OF GEORGIA
                                                          AUGUSTA DIVISION
                UNITED STATES OF AMERICA                                  )     AMENDED JUDGMENT IN A CRIMINAL CASE
                                  v.                                      )
                        Simone Thomas                                     )
                                                                          )     Case Number:            1:24CR00018-1
 Date of Original Judgment: August 26, 2024                               )
                                                                          )     USM Number:             X
 Reason for Amendment: Correction of Judgment for
Clerical Error (Fed.R.Crim.P. 36)                                         )
**** indicates change                                                     )
                                                                                Roger R. Claridge
THE DEFENDANT:                                                                  Defendant’s Attorney

☒ pleaded guilty to Count 1.
☐ pleaded nolo contendere to Count(s)                         which was accepted by the court.

☐ 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. §§ 7 & 13                    DUI on a Military Reservation                                        January 1, 2024            1
O.C.G.A. § 40-6-391(a)(1) ****

      The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the
Sentencing Reform Act of 1984.
☐ The defendant has been found not guilty on Count .
☒ Count 2 of the Information shall be dismissed as to this defendant 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.

                                                                              August 28, 2024
                                                                              Date of Judgment




                                                                              Signature of Judge


                                                                              Brian K. Epps
                                                                              United States Magistrate Judge
                                                                              Name and Title of Judge

                                                                              8-29-2024
                                                                              Date
                        Case 1:24-cr-00018-BKE Document 23 Filed 08/29/24 Page 2 of 6
  GAS 245B          (Rev. 03/23) Amended Judgment in a Criminal Case                                                                Page 2 of 6
  Mag Probation

  DEFENDANT:               Simone Thomas
  CASE NUMBER:             1:24CR00018 1


                                                                  PROBATION

You are hereby sentenced to probation for a term of: 12 months.

                                                      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 release
         from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
         ☐ 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.     ☐ 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 of DNA as directed by the probation officer. (Check, if applicable.)
  6.     ☐ 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.     ☐ 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 1:24-cr-00018-BKE Document 23 Filed 08/29/24 Page 3 of 6
GAS 245B         (Rev. 03/23) Amended Judgment in a Criminal Case                                                                   Page 3 of 6
Mag Probation

DEFENDANT:              Simone Thomas
CASE NUMBER:            1:24CR00018 1


                                      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 a 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 permission from 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 that 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 provide 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 1:24-cr-00018-BKE Document 23 Filed 08/29/24 Page 4 of 6
GAS 245B          (Rev. 03/23) Amended Judgment in a Criminal Case                                                           Page 4 of 6
Mag Probation

DEFENDANT:               Simone Thomas
CASE NUMBER:             1:24CR00018 1


                                         SPECIAL CONDITIONS OF SUPERVISION

    1.   You must complete 40 hours of community service within 12 months. The probation officer will supervise the participation in
         the program by approving the program and verifying completed hours.

    2.   You must complete of a DUI Alcohol Use Risk Reduction Program, pursuant to O.C.G.A. § 40-6-391.

    3.   You must complete a clinical evaluation as defined in O.C.G.A. § 40-5-1 and, if recommended as a part of such evaluation,
         completion of a substance abuse treatment program as defined in O.C.G.A. § 40-5-1.
                      Case 1:24-cr-00018-BKE Document 23 Filed 08/29/24 Page 5 of 6
GAS 245B          (Rev. 03/23) Amended Judgment in a Criminal Case                                                                      Page 5 of 6
Mag Probation

DEFENDANT:               Simone Thomas
CASE NUMBER:             1:24CR000181


                                               CRIMINAL MONETARY PENALTIES

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

                     Assessment             Restitution                 Fine
TOTALS               $25                                                $300

☐      The determination of restitution 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 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                             $                                           $

☐      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 the schedule of
       payments may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

☐      The court determined that the defendant does not have the ability to pay interest and it is ordered that:

      ☐     the interest requirement is waived for the       ☐       fine          ☐ restitution.
      ☐     the interest requirement for the       ☐ fine            ☐ 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 1:24-cr-00018-BKE Document 23 Filed 08/29/24 Page 6 of 6
GAS 245B            (Rev. 03/23) Amended Judgment in a Criminal Case                                                                                  Page 6 of 6
Mag Probation

DEFENDANT:                 Simone Thomas
CASE NUMBER:               1:24CR00018-1


                                                        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 $            25     due immediately, balance due

            ☐     not later than                                       , or
            ☒     in accordance     ☐ C,        ☐ D,       ☐ E, or            ☒ F below; or
B      ☐ Payment to begin immediately (may be combined with                      ☐ C,         ☐ D, or         ☐ F below); or
C      ☐ 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      ☐ 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      ☐ 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:
            Payments shall be made at a rate of $30 per month for ten months.
            Payments shall be made payable to the Clerk, United States District Court, P. O. Box 1130, Augusta, Georgia 30903.


    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.

☐        Joint and Several
         Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
         and corresponding payee, if appropriate.

☐        The defendant shall pay the cost of prosecution.

☐        The defendant shall pay the following court cost(s):

☐        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) fine principal,
    (5) fine interest, (6) community restitution, (7) JVTA Assessment, (8) penalties, and (9) costs, including cost of prosecution and court
    costs.


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