Judgment in a Criminal Case — United States v. Marcus Hawkins, Southern District of Ohio (Doc. 37)

Summary

An AO 245B judgment in a criminal case, United States of America v. Marcus Hawkins, Case Number 1:22cr61, in the U.S. District Court for the Southern District of Ohio, filed May 12, 2023 as Doc #: 37. The judgment records a guilty plea to Count 1, a false statement or representation to an agency of the United States under 18 U.S.C. 1001(a)(2), with the offense ended 7/2/2020; judgment was imposed 5/10/2023. The sentence is 12 months and 1 day of imprisonment, with surrender before 2 p.m. on 10/10/2023, and 2 years of supervised release. The judgment orders a $100.00 assessment and restitution of $60,000.00 to the Small Business Administration.

Summary drafted by a model from the text of the original file linked on this page 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

Cite this document

“Judgment in a Criminal Case — United States v. Marcus Hawkins, Southern District of Ohio (Doc. 37).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-1-22-cr-00061-dkt-37-s-d-ohio-e7b8db2bcc/, SHA-256 a0939f3cf08511b07f14ceb4a31c0f4255b43123084158f2ef0e38d400462701.

Full text

Case: 1:22-cr-00061-SJD Doc #: 37 Filed: 05/12/23 Page: 1 of 7 PAGEID #: 157

AO 2451)(Kev. 09/1 y) Judgincnl in u Criminal Case
Sheet I

United States District Court
Southern District of Ohio

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
V.

Marcus Hawkins
Case Number: 1:22cr61

USM Number: 71443-509

Paul Laufman
Del'endam's Altomcv
THE DEFENDANT:

El pleaded guilty to count(s) 1

□ pleaded nolo contendere to counl(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, 1001(a)(2) False statement or representation to an agency of the 7/2/2020 1
United States

The defendant is sentenced as provided in pages 2 through 7 of this Judgment, The sentence is imposed pursuant to
the Sentencing Refonn Act of 1984.
□ The defendant has been found not guilty on count(s)
□ Coum(s) □ is □ are dismissed 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 ofany change ofname, residence,
or niailing address until all fines, restitution, costs, andspeciaiassessmentsimposedbythisjudgment are fully paid. Ifordered to pay restitution,
the defendant must notify the court and United States attorney of material changes In economic circumstances.

5/10/2023
DMe of Imposition of Judgment

Sigmiture of Judge

Susan J. DIott-Unlted States District Judge
Name and Tilic of Judge

Dale
2^^.^ // Siozyj
/
Case: 1:22-cr-00061-SJD Doc #: 37 Filed: 05/12/23 Page: 2 of 7 PAGEID #: 158

AO 245B (Rev.09/19) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment — Page of
DEFENDANT: Marcus Hawkins
CASE NUMBER: 1:22cr61

IMPRISONMENT

The defendant is hereby committed to the custody ofthe Federal Bureau of Prisons to be imprisoned for a
total term of:
12 months and 1 day

The court makes the following recommendations to the Bureau ofPrisons:
That the defendant be designated to F.C.i. at Big Sandy or F.C.I, at Ashiand Kentucky. Defendant shaii participate in
the Bureau of Prison's Apprenticeship Program.

□ The defendant is remanded to the custody of the United States Maishal.

□ The defendant shall surrender to the United States Marshal for this district:
□ at □ a.m. □ p.m. on

□ as notified by the United States Marshal.

El The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
before 2 p.m. on 10/10/2023 .
□ as notified by the United States Marshal.
□ 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.

IB9ITED STATES MARSHAL

By
DEPUTY UNITED STATES MARSHAL
Case: 1:22-cr-00061-SJD Doc #: 37 Filed: 05/12/23 Page: 3 of 7 PAGEID #: 159

AO 245B(Rev.09/19) Judgment in a Criminal Case
Sheet 3 — Supervised Release
Judgment—Page 3 of
DEFENDANT: Marcus Hawkins
CASE NUMBER: 1:22cr61
SUPERVISED RELEASE
Upon relesse from imprisonment, you will be on supervised relesse for a term of:
2 years. The Court will consider terminating supervision after 1 year if the defendant has been successful and has no
infractions during his first year of supervision.

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 ofa 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.
El The above drug testing condition is suspended, based on the court's determination that you
pose a low risk offuture substance abuse,(check ifapplicable}
4. El You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution,(check ifapplicable)
5 El You must cooperate in the collection ofDNA as directed by the probation officer,(check ifapplicable)
6. □ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, el 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 ifapplicable)
7. □ You must participate in an approved program for domestic violence, (check ifapplicable)
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: 1:22-cr-00061-SJD Doc #: 37 Filed: 05/12/23 Page: 4 of 7 PAGEID #: 160

AO 24515(Rev.09/19) Judgmcni in u Criminal Case
■Shcel 3A — Supervised Release

_ Jiidgmcni—Page 4 of
DEFENDANT: Marcus Hawkins
CASE NUMBER; 1:22cr61

STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
OKause they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation
officers to keep infoniied. 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 your
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different lime
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 federaljudicial district where you arc authorized to reside without first gettina petniission 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
OTangemcntsfsuch as the people you live with), you must notify the probation olficer 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 pennil the probation officer to
take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. \ ou 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, [fyou 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 m 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. 't ou 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. posses.s. 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 nunchakus or lasers).
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 the permission of 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 eonfimi that you have notified the 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 provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see ()\vnie»- of Probation and Supervised
Release Conditions, available at: www.useourts.gov.

Defendant's Signature Qalg
Case: 1:22-cr-00061-SJD Doc #: 37 Filed: 05/12/23 Page: 5 of 7 PAGEID #: 161
AO 245B(Rev.09/19) Judgment in a Criminal Case
Sheet 3D — Supervised Release
_ Judgment—Page 5 of
DEFENDANT: Marcus Hawkins
CASE NUMBER: 1:22cr61

SPECIAL CONDITIONS OF SUPERVISION
1.) Mr. Hawkins shali disclose ail financial information as requested by the probation officer to ensure his financial earnings
are through legitimate means. Restitution shall be paid as a condition of supervision.
Case: 1:22-cr-00061-SJD Doc #: 37 Filed: 05/12/23 Page: 6 of 7 PAGEID #: 162
AO 245B (Rev.09/19) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties
Judgment — Page B of"
DEFENDANT: Marcus Hawkins
CASE NUMBER: 1:22cr61
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS S 100.00 S 60.000.00 $ 0.00 S oiOO S OOO

□ The determination ofrestitution 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 18US.C. § 3664(j), all nonfederal victims must be paid
betore the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
Small Business Administration $60,000.00 $60,000.00
SBA/DFC

721 19th Street

3rd Floor, Room 301

Denver, CO. 80202

TOTALS S 60,000.00 $ 60,000.00

□ Restitution amount ordered pursuant to plea agreement S

□ 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(0. 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).

El The court determined that the defendant does not have the ability to pay interest and it is ordered that:
E] the interest requirement is waived for the □ fine El restitution.
□ the interest requirement for the Q fine □ restitution is modified as follows:

* Amy, Vicky, and Andy Child Pomography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims otTrafficking Act ot20I5, Pub. L. No. 114-22.
*** Findings for the total amount oHosses are required under Chapters I09A, 110, I lOA, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before Apnl 23,1996.
Case: 1:22-cr-00061-SJD Doc #: 37 Filed: 05/12/23 Page: 7 of 7 PAGEID #: 163
AO 245B(Rev.09/19) Judgment in a Criminal Case
Sheet 6 — Schedule ofPayments

Judgment — Page of
DEFENDANT: Marcus Hawkins
CASE NUMBER: 1:22cr61

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment ofthe total criminal monetaiy penalties is due as follows;
A □ Lump sum payment of S due immediately, balance due

□ not later than ,or
□ in accordance with DC, □ D, □ E,or □ F below; or
B 0 Payment to begin immediately (may be combined with DC. □ D, or 0 F below); or
□ 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
□ Payment in equal (e.g., weekly, monthly, quarterly) installments of S 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 21 Special instructions regarding the payment of criminal monetaiy penalties:
While incarcerated, if Mr. Hawkins is working in a non-UNICOR or grade 5 UNICOR job, he shall pay $25.00 per
quarter toward his restitution obligation. If working in a grade 1-4 UNICOR job, Mr. Hawkins shali pay 50% of his
monthly pay toward his restitution obligation. Any change in this schedule shall be made only by order of this
Court. Any unpaid balance to be paid in the amount of not less than 10% of Mr. Hawkins' net income per month.

Unless the court has expressly oideied ptherwise, ifthis judcment imposes imprisonment, payment ofcriminal monetary penalties is due durina
Uie period of imprisonment. All cnminal 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

Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropnate

□ The defendant shall pay the cost of prosecution.

□ The defendant shall pay the following court cost(s);

D The defendant shall forfeit the defendant's interest in the following property to the United States;

Payments shall be Mplied in the following order (I) assessment, (2)restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine pnncipal, (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: 37-judgment.pdf
Size: 629,107 bytes
SHA-256: a0939f3cf08511b07f14ceb4a31c0f4255b43123084158f2ef0e38d400462701
Our copy: 37-judgment.pdf
Original: archive.org