Judgment in a Criminal Case — United States v. Daisy Smith, No. 1:19-CR-00109-002 (Dkt. 72, S.D. Ala.)
Summary
Judge Terry F. Moorer of the Southern District of Alabama imposed sentence on Daisy Smith (No. 1:19-CR-00109-002) on February 27, 2020 and signed the judgment on February 28, after a guilty plea on 8/27/2019 to count 1 of the information, misprision of a felony under 18 USC § 4, offense ended 11/27/2018. The court sentenced Smith to THREE (3) YEARS of probation, including 15 months of location monitoring on home detention, drug testing, a mental health evaluation and searches on reasonable suspicion. The only monetary penalty filled in is a $100.00 special assessment for Count 1, due immediately.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA § JUDGMENT IN A CRIMINAL CASE
§
v. §
§ Case Number: 1:19-CR-00109-002
DAISY SMITH § USM Number: 17613-003
§ Peter J. Madden, Esquire
§ Defendant’s Attorney
THE DEFENDANT:
pleaded guilty to count 1 of the Information on 8/27/2019.
pleaded nolo contendere to count(s) which was accepted by the court
was found guilty on count(s) after a plea of not guilty
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offenses:
Title & Section / Nature of Offense Offense Ended Count
18 USC § 4 - Misprision of a Felony 11/27/2018 1
The defendant is sentenced as provided in pages 2 through 5 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) ☐ is ☐ are dismissed on the motion of the United States.
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. If
ordered to pay restitution, the defendant must notify the court and United States Attorney of material changes in economic
circumstances.
February 27, 2020
Date of Imposition of Judgment
/s/Terry F. Moorer
Signature of Judge
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
Name and Title of Judge
February 28, 2020
Date
AO 245B (ALSD 01/16) Judgment in a Criminal Case Judgment -- Page 2 of 5
DEFENDANT: DAISY SMITH
CASE NUMBER: 1:19-CR-00109-002
PROBATION
The defendant is hereby sentenced to probation for a term of: THREE (3) YEARS.
Special Conditions:
1) The defendant shall submit to periodic urine surveillance and/or breath, saliva and skin tests for the detection of drug abuse as
directed by the probation officer. The defendant may incur costs associated with such detection efforts, based upon ability to pay as
determined by the probation officer.
2) The defendant shall participate in a mental health evaluation and comply with any treatment consistent with the findings of said
evaluation, as directed by the Probation Office. The defendant may incur costs associated with such program, based on ability to pay
as determined by the probation officer.
3) The defendant shall be monitored by the form of location monitoring indicated below for a period of 15 months and shall abide by
all technology requirements. The participant shall not be required to pay the costs of participation in the location monitoring program
as directed by the court and the supervising officer:
• location monitoring technology at the discretion of the officer;
This form of location monitoring technology shall be used to monitor the following restriction on the movement of participants in the
community as well as other court-imposed conditions of release:
You are restricted to your residence at all times, except for employment; education; religious services; medical, substance abuse, or
mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities as preapproved by the
officer(home detention).
4) The defendant shall submit her person, house, residence, vehicle(s), papers, [computers (as defined by 18 U.S.C. Section
1030(e)(1)) or other electronic communications or data storage devices of media], business or place of employment, and any other
property under the defendant's control to a search, conducted by a United States Probation Officer at a reasonable time and in a
reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to
submit to a search in accordance with this condition may be grounds for revocation. The defendant shall warn any other occupants that
the premises may be subject to searches pursuant to this condition.
For offenses committed on or after September 13, 1994: The defendant shall refrain from any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 15 days after placement on probation and at least two periodic drug tests
thereafter, as directed by the probation officer.
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 register with the state sex offender registration agency in the state where the defendant resides, works, is a
student, as directed by the probation officer. (Check, if applicable.)
The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
If this judgment imposes a fine or restitution obligation, it shall be a condition of probation that the defendant pay any such fine or
restitution in accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment.
The defendant shall not commit another federal, state or local crime.
The defendant shall not illegally possess a controlled substance.
The defendant shall comply with the standard conditions that have been adopted by this court.
The defendant shall also comply with the additional conditions on the attached page.
See Page 4 for the
“STANDARD CONDITIONS OF SUPERVISION”
AO 245B (ALSD 01/16) Judgment in a Criminal Case Judgment -- Page 3 of 5
DEFENDANT: DAISY SMITH
CASE NUMBER: 1:19-CR-00109-002
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 in a manner and frequency directed by the court or
probation officer;
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
13. as directed by the probation officer, the defendant shall notify third parties of risks that may be
occasioned by the defendant’s criminal record or personal history or characteristics and shall permit the
probation officer to make such notifications and to confirm the defendant’s compliance with such
notification requirement.
14. the defendant shall cooperate, as directed by the probation officer, in the collection of DNA, if
applicable, under the provisions of 18 U.S.C. §§ 3563(a)(9) and 3583(d) for those defendants convicted
of qualifying offenses.
AO 245B (ALSD 01/16) Judgment in a Criminal Case Judgment -- Page 4 of 5
DEFENDANT: DAISY SMITH
CASE NUMBER: 1:19-CR-00109-002
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth
on Page 5.
Assessment Fine Restitution
TOTALS $100.00
The determination of restitution is deferred until ____________. An Amended Judgment in a Criminal Case (AO245C) 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 proportional payment unless specified
otherwise in the priority order or percentage payment column below. (or see attached) However, pursuant to 18 U.S.C. § 3644(i),
all non-federal victims must be paid in full prior to the United States receiving payment.
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 Page 5 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:
* 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.
AO 245B (ALSD 01/16) Judgment in a Criminal Case Judgment -- Page 5 of 5
DEFENDANT: DAISY SMITH
CASE NUMBER: 1:19-CR-00109-002
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 payments of $100.00 due immediately, balance due ☐ not later than ______________, or
in accordance with 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:
It is ordered that the Defendant shall pay to the United States a special assessment of $100.00 for Count 1, which
shall be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court.
Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes imprisonment, payment of
criminal monetary penalties is due during the period of 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, unless otherwise
directed by the court, the probation officer, or the United States Attorney.
The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.
Restitution is to be paid jointly and severally with
Defendant shall receive credit on her restitution obligation for recovery from other defendants who contributed to the same
loss that gave rise to defendant's restitution obligation.
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) penalties, and (8) costs, including cost of prosecution and court costs.
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