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Judgment in a Criminal Case for Revocations — United States of America v. Marcus Lyons Joseph, Case Number 1:11CR01847-001MCA (Dkt. 60, D.N.M.)

Summary

In this judgment for revocation of supervised release in the District of New Mexico, Case Number 1:11CR01847-001MCA, Marcus Lyons Joseph admitted guilt to violating the mandatory condition to refrain from any unlawful use of a controlled substance, a violation that ended 09/17/2013. Judge Eric F. Melgren imposed the judgment on October 23, 2013 and signed it on November 7, 2013. Joseph was committed to the Bureau of Prisons for 13 days or time served, whichever is less, followed by 30 months of supervised release. Special conditions include outpatient substance abuse and mental health treatment, no alcohol or synthetic cannabinoids, searches for firearms or other illegal contraband, and residence at a Residential Reentry Center for up to five (5) months.

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Case 1:11-cr-01847-MCA Document 60 Filed 11/07/13 Page 1 of 4
AO 245D (Rev 12/10) Judgment in a Criminal Case for Revocations Sheet 1

UNITED STATES DISTRICT COURT

District of New Mexico

UNITED STATES OF AMERICA Judgment in a Criminal Case
V. (For Revocation of Probation or Supervised Release)
Marcus Lyons Joseph

Case Number: 1:11CR01847-001MCA
USM Number: 62698-051
Defense Attorney: Thomas B. Jameson

THE DEFENDANT:

admitted guilt to violations of condition(s) Mandatory of the term of supervision.
[1 was found in violation of condition(s) after denial of guilt.

The defendant is adjudicated guilty of these violations:

Violation Nature of Violation Violation
Number Ended
Mandatory The defendant failed to refrain from any unlawful use of a controlled 09/17/2013
Condition substance.

The defendant is sentenced as provided in pages | through 4 of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984. The Court has considered the United States Sentencing Guidelines and, in arriving at the sentence for this Defendant,
has taken account of the Guidelines and their sentencing goals. Specifically, the Court has considered the sentencing range determined
by application of the Guidelines and believes that the sentence imposed fully reflects both the Guidelines and each of the factors embodied
in 18 U.S.C. Section 3553(a). The Court also believes the sentence is reasonable, provides just punishment for the offense and satisfies
the need to impose a sentence that is sufficient, but not greater than necessary to satisfy the statutory goals of sentencing.

[1 The defendant has not violated condition(s) and is discharged as to such violation(s).
IT IS FURTHER 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.

2559 October 23, 2013
Last Four Digits of Defendant's Soc. Sec. No. Date of Imposition of Judgment
1979 /s/ Eric F. Melgren
Defendant's Year of Birth Signature of Judge
Eric F. Melgren
Albuquerque, NM United States District Judge
City and State of Defendant's Residence Name and Title of Judge
November 7, 2013

Date Signed
Case 1:11-cr-01847-MCA Document 60 Filed 11/07/13 Page 2 of 4

AO 245D (Rev. 12/10) Judgment in a Criminal Case for Revocations
Sheet 2 Imprisonment Judgment Page 2 of 4

Defendant: Marcus Lyons Joseph
Case Number: 1:11CR01847-001MCA

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 13 days or
time served, whichever is less. .

Oo The court makes these recommendations to the Bureau of Prisons:

The defendant is remanded to the custody of the United States Marshal.

The defendant shall surrender to the United States Marshal for this district:

O at on

[1 as notified by the United States Marshal.

O The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

1] before 2 p.m. on
1 as notified by the United States Marshal
[C1 as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:

Defendant delivered on to
at with a certified copy of this judgment.

UNITED STATES MARSHAL

By
DEPUTY UNITED STATES MARSHAL
Case 1:11-cr-01847-MCA Document 60 Filed 11/07/13 Page 3 of 4

AO 245D (Rev. 12/10) Judgment in a Criminal Case for Revocations
Sheet 3 Supervised Release Judgment Page 3 of 4

Defendant: Marcus Lyons Joseph
Case Number: 1:11CR01847-001MCA

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 30 months .

The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the
Bureau of Prisons.

The defendant shall not commit another federal, state, or local crime.

The defendant shall not unlawfully possess a controlled substance.

The defendant shall refrain from any unlawful use of a controlled substance.

The defendant shall 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.

oO The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse.
(Check, if applicable.)

The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable).

oO The defendant shall cooperate in the collection of DNA as directed by statute. (Check, if applicable).

oO The defendant shall register with the state, local, tribal and/or other appropriate sex offender registration agency in the state where the defendant
resides, works, or is a student, as directed by the probation officer. (Check, if applicable.)

oO The defendant shall participate in an approved program for domestic violence. (Check, if applicable)

If this judgment imposes a fine or a restitution, it is to be a condition of supervised release that the defendant pay in accordance with Criminal Monetary
Penalties sheet of this judgment.

The defendant shall comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached
page.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month;

3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) the defendant shall support his or her dependents and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable
reasons;

6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance
or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony

unless granted permission to do so by the probation officer;

10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband
observed in plain view of the probation officer;

11) — the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

12) — the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of
the court; and
Case 1:11-cr-01847-MCA Document 60 Filed 11/07/13 Page 4 of 4

AO 245D (Rev. 12/10) Judgment in a Criminal Case for Revocations Judgment Page 4 of 4
Sheet 3C Supervised Release

Defendant: Marcus Lyons Joseph
Case Number: 1:11CR01847-001MCA

SPECIAL CONDITIONS OF SUPERVISION

The defendant must participate in and successfully complete an outpatient substance abuse treatment
program, approved by the probation officer, which may include testing. The defendant is prohibited from
obstructing or attempting to obstruct or tamper, in any fashion, with the collection, efficiency and accuracy
of any substance abuse testing device or procedure. The defendant may be required to pay a portion of the
cost of treatment and/or drug testing to be determined by the Probation Office.

The defendant must submit to a search of his person, property, or automobile under his control to be
conducted in a reasonable manner and at a reasonable time, for the purpose of detecting firearms or other
illegal contraband at the direction of the probation officer. He must inform any residents that the premises
may be subject to a search.

The defendant must refrain from the use and possession of alcohol and other forms of intoxicants.

The defendant must refrain from the use and possession of synthetic cannabinoids or other legally sold
designer drugs.

The defendant must participate in and successfully complete an outpatient mental health treatment program
approved by the probation officer. The defendant may be required to pay a portion of the cost of this
treatment to be determined by the Probation Office.

The defendant shall reside at and complete a program at a Residential Reentry Center approved by the
probation officer for a period of up to five (5) months.

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