Judgment in a Criminal Case — United States v. Mark J. Miller (E.D. Cal., Dkt. 10, filed 03/09/22)

Summary

A Judgment in a Criminal Case on form AO 245B-CAED for MARK J. MILLER, Case Number 2:21CR00201-1, Document 10, filed 03/09/22 in the Eastern District of California. The defendant pleaded guilty to counts 2 and 3 of the Superseding Information, each for Possessing and Operating a Motor Vehicle on National Forest System Lands Other than in Accordance with the Motor Vehicle Use Map (Class B misdemeanor) under 16 U.S.C. § 551; Count 1 is dismissed on the motion of the United States. The court imposes 12 months of unsupervised probation and, as to each of Count 2 and Count 3, a fine of $170.00 and a special assessment of $10.00, to be paid in full by January 7, 2023. The judgment was imposed 3/7/2022 and is signed /s/ by Jeremy D. Peterson, United States Magistrate Judge.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors.

Case 2:21-cr-00201-JDP Document 10 Filed 03/09/22 Page 1 of 4

AO 245B-CAED (Rev. 09/2019) Sheet 1 - Judgment in a Criminal Case

UNITED STATES DISTRICT COURT

Eastern District of California

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v. Case Number: 2:21CR00201-1
MARK J. MILLER Defendant's Attorney: Linda C. Allison, Assistant Federal Defender

THE DEFENDANT:

[¥] pleaded guilty to count(s) 2and3 _ of the Superseding Information.

[ ] 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
Possessing and Operating a Motor Vehicle on National Forest
16 U.S.C. § 551 and 36 C.F.R. § ||System Lands Other than in Accordance with the Motor Vehicle 6/30/2021 7
261.13 Use Map
(Class B misdemeanor)
Possessing and Operating a Motor Vehicle on National Forest
16 U.S.C. § 551 and 36 C.F.R. § System Lands Other than in Accordance with the Motor Vehicle 8/13/2021 3

261.13 Use Map
(Class B misdemeanor)

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.

The defendant has been found not guilty on count(s) __ .

Count(s) 1 is dismissed on the motion of the United States.

Indictment is to be dismissed by District Court on motion of the United States.
Appeal rights given. [¥] Appeal rights waived.

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 or fine, the defendant must notify the court and United States attorney of material changes in economic
circumstances.

3/7/2022

Date of Imposition of Judgment

/s/ Jeremy D. Peterson

Signature of Judicial Officer
Jeremy D. Peterson, United States Magistrate Judge

Name & Title of Judicial Officer
3/9/2022

Date
Case 2:21-cr-00201-JDP Document 10 Filed 03/09/22 Page 2 of 4

AO 245B-CAED (Rev. 09/2019) Sheet 4 - Misdemeanor Probation
DEFENDANT: MARK J. MILLER Page 2 of 4
CASE NUMBER: 2:21CR00201-1

PROBATION
The defendant is hereby sentenced to probation for a term of:

12 months.

If this judgment imposes a fine, special assessment, processing fee or restitution, it is a condition of probation that Defendant pay in
accordance with the Schedule of Payments sheet of this judgment.

While on probation, the defendant shall be subject to and must comply with the following conditions of probation:

CONDITIONS OF PROBATION
1. The defendant's probation shall be unsupervised by the probation office.

2. As to Count 2, the defendant shall pay a fine of $170.00 and a special assessment of $10.00 for a total financial obligation of
$180.00, which shall be paid in full by January 7, 2023. Payments shall be made payable to the Clerk, U.S.D.C., and mailed to

CLERK U.S.D.C.
501 "I" Street, #4-200
Sacramento, CA 95814

3. As to Count 3, the defendant shall pay a fine of $170.00 and a special assessment of $10.00 for a total financial obligation of
$180.00, which shall be paid in full by January 7, 2023. Payments shall be made payable to the Clerk, U.S.D.C., and mailed to

CLERK U.S.D.C.
501 "I" Street, #4-200
Sacramento, CA 95814

The defendant shall not commit another federal, state or local crime.
The defendant shall notify the U.S. Attorney's Office within seventy-two hours of being arrested.
The defendant shall notify the U.S. Attorney's Office ten days prior to any change in residence.

Upon full payment of terms 2 and 3, the unsupervised probation shall be terminated.
Case 2:21-cr-00201-JDP Document 10 Filed 03/09/22 Page 3 of 4

AO 245B-CAED (Rev. 09/2019) Sheet 5 - Criminal Monetary Penalties
DEFENDANT: MARK J. MILLER Page 3 of 4
CASE NUMBER: 2:21CR00201-1

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.

TOTALS
Processing Fee Assessment AVAA Assessment* JVTA Assessment** Fine Restitution
$20.00 $340.00
[ ] The determination of restitution is deferred until __ . An Amended Judgment in a Criminal Case (AO 245C) will be entered

after such determination.

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 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).

[ ] 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 [ jfine [| ] restitution is modified as follows:

[ ] Ifincarcerated, payment of any unpaid criminal monetary penalties in this case is due during imprisonment at the rate of 10%
of the defendant’s gross income per month or $25 per quarter, whichever is greater. Payment shall be made through the Bureau
of Prisons Inmate Financial Responsibility Program.

[ ] Other:

* 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 2:21-cr-00201-JDP Document 10 Filed 03/09/22 Page 4 of 4

AO 245B-CAED (Rev. 09/2019) Sheet 6 - Schedule of Payments
DEFENDANT: MARK J. MILLER Page 4 of 4
CASE NUMBER: 2:21CR00201-1

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 § __ due immediately, balance due
[] Not later than —_, or
[] in accordance LIC, [ 1D, | 1E,or [ 1F below; or

B. [¥] Payment to begin immediately (may be combined with LIC, [ 1D, or l“1F 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/probation 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 Iv] Special instructions regarding the payment of criminal monetary penalties:
The monetary assessments are to be paid in full by January 7, 2023.

If incarcerated, payment of any unpaid criminal monetary penalties in this case is due during imprisonment at the rate of 10% of the
defendant's gross income per month or $25 per quarter, whichever is greater. Payment shall be made through the Bureau of Prisons
Inmate Financial Responsibility Program.

The defendant shall make payments toward any unpaid criminal monetary penalties in this case during supervision at the rate of at
least 10% of your gross monthly income. Payments are to commence no later than 60 days from placement on supervision. This
payment schedule does not prohibit the United States from collecting through all available means any unpaid criminal monetary
penalties at any time, as prescribed by law.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[] 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: The Preliminary Order of
Forfeiture is hereby made final as to this defendant and shall be incorporated into the Judgment.

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.


File and source

File

10.pdf

Size

260,731 bytes

SHA-256

f26cab40a03e139576f9d034649fb01ed90a113780992206eb5492077dc78272

Our copy

10.pdf

Original

No public link identified.