Judgment in a Criminal Case — Tyshaun T. Smith, No. 20-CR-93-JPS (Dkt. 43, E.D. Wis.)
Summary
Judge J. P. Stadtmueller of the Eastern District of Wisconsin sentenced Tyshaun T. Smith on December 17, 2021 in Case Number 20-CR-93-JPS after Smith pled guilty to Count Two of the Indictment, possession of a destructive device under 26 U.S.C. §§ 5861(c), 5822, 5845, & 5871, an offense concluded May 31, 2020. The judgment imposes Thirty-Six (36) months in the custody of the Bureau of Prisons, followed by Three (3) years of supervised release, and dismisses Count One. Smith is to surrender voluntarily on or after Monday, January 17, 2022, and the court recommends a facility near the Northern District of Illinois. The monetary penalties are a $100 special assessment with no fine and no restitution; the court found that Smith does not have the financial ability to pay a fine within the guidelines range.
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AO 245B (Rev.06/05) Sheet 1 – Judgment in a Criminal Case
United States District Court
Eastern District of Wisconsin
UNITED STATES OF AMERICA
JUDGMENT IN A CRIMINAL CASE
V. Case Number: 20-CR-93-JPS
Marshal Number: 17360-089
TYSHAUN T. SMITH.
Gabriela Leija Philip Kovoor
Defendant’s Attorney Assistant United States Attorney
THE DEFENDANT:
Pled guilty to Count Two of the Indictment.
Title & Section Nature of Offense Date Concluded Count
26 U.S.C. §§ 5861(c), Possession of a
May 31, 2020 Two
5822, 5845, & 5871 Destructive Device
The defendant is sentenced as provided in sheets 2 through 6 of this judgment. The sentence is
imposed pursuant to the Sentencing Reform Act of 1984.
IT IS ORDERED that Count One of the Indictment be and the same is hereby DISMISSED.
IT IS ORDERED that the defendant shall 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.
Date Sentence Imposed: December 17, 2021
______________________________
J. P. Stadtmueller
U.S. District Judge
Date Judgment Signed: December 17, 2021
Case 2:20-cr-00093-JPS Filed 12/17/21 Page 1 of 6 Document 43
AO 245B (Rev.06/05) Sheet 2 – Imprisonment Judgment Page 2 of 6
Defendant: Tyshaun T. Smith
Case Number: 20-CR-93-JPS
IMPRISONMENT
The defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for
a total term of Thirty-Six (36) months as to Count Two of the Indictment.
The Court makes the following recommendations to the Bureau of Prisons:
(1) that the defendant be considered for incarceration at a federal facility most near
the Northern District of Illinois.
The defendant is to voluntarily surrender to the institution designated by the Bureau of Prisons
on or after Monday, January 17, 2022 as notified by his pretrial services officer, the U.S. Marshal,
or the Bureau of Prisons directly.
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 U.S. Marshal
Case 2:20-cr-00093-JPS Filed 12/17/21 Page 2 of 6 Document 43
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 3 of 6
Defendant: Tyshaun T. Smith
Case Number: 20-CR-93-JPS
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a total term
of Three (3) years as to Count Two of the Indictment. The defendant shall comply with the following
special conditions:
1. Within 72 hours of release from the custody of the Bureau of Prisons, the defendant shall report
in person to his supervising probation officer in the district to which the defendant has been
released.
2. The defendant shall not commit another federal, state, or local crime.
3. The defendant shall not possess any firearms or other dangerous weapons.
4. Pursuant to the Violent Crime Control and Law Enforcement Act of 1996, the defendant shall
not illegally possess or unlawfully use any controlled substance. The defendant shall submit to
one drug test within 15 days of release and two periodic tests within one year from the
commencement of supervision.
5. The defendant must reside at a residence approved by his supervising probation officer.
6. The defendant shall use his best efforts to secure lawful full-time employment and support his
dependents.
7. The defendant shall notify his supervising probation officer at least ten days prior to any change
in the place of his residence or employment. When such notification is not possible, the
defendant shall notify his supervising probation officer within 72 hours of the change.
8. The defendant shall notify his supervising probation officer within 72 hours of being arrested or
questioned by a law enforcement officer.
9. The defendant shall follow the reasonable instructions of his supervising probation officer and
answer all inquiries of such officer subject to the defendant’s Fifth Amendment right against
self-incrimination.
10. The defendant shall permit his supervising probation officer to visit him at reasonable times at
home, or such other location as may be mutually agreed upon and shall permit confiscation of
any contraband observed in plain view by his supervising probation officer.
11. The defendant shall not associate with any persons known by him to be engaged or planning to
be engaged in criminal activity. “Associate” as used here means to communicate, meet, reside,
socialize, or otherwise interact with such person.
12. The defendant shall not knowingly leave the judicial district to which he has been released
without the permission of the Court or his supervising probation officer.
13. The defendant shall not enter into any agreement to act as an informer or special agent of a law
enforcement agency without the prior approval of the Court.
Case 2:20-cr-00093-JPS Filed 12/17/21 Page 3 of 6 Document 43
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 4 of 6
Defendant: Tyshaun T. Smith
Case Number: 20-CR-93-JPS
In accordance with the recent decisions by the United States Court of Appeals for the Seventh
Circuit in United States v. Siegel, 753 F.3d 705 (7th Cir. 2014), United States v. Thompson, 777 F.3d 368
(7th Cir. 2015), United States v. Kappes, 782 F.3d 828 (7th Cir. 2015), United States v. Downs, 784 F.3d
1180 (7th Cir. 2015), United States v. Poulin, 809 F.3d 924 (7th Cir. 2016), United States v. Ortiz, 817
F.3d 1180 (7th Cir. 2016), United States v. Hill, 818 F.3d 342 (7th Cir. 2016), and their progeny, the
Court withheld imposition of any additional conditions of supervised release. The Court concluded
that such additional conditions, if any, are best left for further consideration at such time as the
defendant may become eligible for release from the custodial portion of the Court’s sentence.
Case 2:20-cr-00093-JPS Filed 12/17/21 Page 4 of 6 Document 43
AO 245B (Rev.06/05) Sheet 5 – Criminal Monetary Penalties Judgment Page 5 of 6
Defendant: Tyshaun T. Smith
Case Number: 20-CR-93-JPS
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the
schedule of payments set forth on Sheet 6.
Special Assessment Fine Restitution
Totals: $100 None None
FINE
Based upon the defendant’s limited financial resources, the Court determines that the defendant
does not have the financial ability to pay a fine within the guidelines range. The Court determines that
the defendant does not have the financial ability to pay the interest on the fine, costs of incarceration,
costs of community confinement, and supervision, and therefore waives the interest on the fine, costs
of incarceration, costs of community confinement, and supervision in this case.
A waiver of the cost of community confinement does not preclude the Bureau of Prisons from
imposing a subsistence fee of up to twenty-five percent (25%) of gross income, based on ability to pay,
for any portion of the sentence spent in a community correctional facility.
RESTITUTION
The defendant shall pay restitution in the amount listed below. Restitution payments shall be
made to the Clerk of the Court—362 U.S. Courthouse, 517 E. Wisconsin Avenue, Milwaukee, Wisconsin
53202—who shall disburse restitution payments to the following payee(s):
PAYEE AMOUNT
None None
Case 2:20-cr-00093-JPS Filed 12/17/21 Page 5 of 6 Document 43
AO 245B (Rev.06/05) Sheet 6 – Schedule of Payments Judgment Page 6 of 6
Defendant: Tyshaun T. Smith
Case Number: 20-CR-93-JPS
SCHEDULE OF PAYMENTS
Payments shall be applied in the following order: (1) assessment, and (2) restitution.
Special instructions regarding the payment of criminal monetary penalties:
Unless the Court has expressly ordered otherwise in the special instructions above, if this
judgment imposes a period of imprisonment, payment of the criminal monetary penalties shall be due
during the period of imprisonment. All criminal monetary penalty payments, except those payments
made through the Bureau of Prisons Inmate Financial Responsibility Program are to be made as
directed by the Court, the defendant’s supervising probation officer, or the United States Attorney.
Case 2:20-cr-00093-JPS Filed 12/17/21 Page 6 of 6 Document 43
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