Judgment in a Criminal Case — United States v. Mitchell Summerfield, E.D.N.C. (Document 39)

Summary

A judgment in a criminal case (AO 245B) in United States v. Mitchell Summerfield, Case Number 5:25-CR-22-1M, in the U.S. District Court (E.D.N.C.), filed 10/07/25 as Document 39. The defendant pleaded guilty to Count 1 of the Information, listed as conspiracy to commit mail and bank fraud with the offense ended 7/6/2021. The court imposes 1 year 1 day of imprisonment and 3 years of supervised release, including home detention for up to 180 consecutive days with location monitoring. It orders a $100.00 assessment and restitution of $461,036.89 to the U.S. Small Business Administration, and forfeiture as specified in the Preliminary Order of Forfeiture entered on May 27, 2025. The name and title block lists Richard E. Myers II, Chief United States District Judge.

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“Judgment in a Criminal Case — United States v. Mitchell Summerfield, E.D.N.C. (Document 39).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-5-25-cr-00022-dkt-39-e-d-n-c-ab589f77ca/, SHA-256 1ac8228616029620924b9b711b1da32fe65e5358b6b388b1526e786475d3b741.

Full text

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT
Eastern District of N01th Carolina
)
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
V. )
)
) Case umber: 5:25-CR-22-1 M
MITCHELL SUMMERFIELD
) USM Number: 85393-511
)
) Kelly Dagger
) Defendant's Attorney
THE DEFENDANT:
~ pleaded guilty to count(s) 1 of Information
D pleaded nolo contendere to couut(s)
which was accepted by the comt.
D was found guilty on cotmt(s)
after a plea of not guilty.

Tue defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended
18 U.S.C. § 1343, Conspiracy to Commit Mail and Bank Fraud 7/6/2021

18U.S.C. § 1344,
and 18 U.S.C. § 1349

The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pm-suant to
the Sentencing Refonn Act of 1984.
D The defendant has been found not guilty on com1t(s)

D Cotmt(s) Dis Dare 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 of any change of name, residence,
or maililrn address m1til a11 fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defenclant must notify the court and United States attorney of material clianges in econonuc circumstances.

10/7/2025
Date ofimposition of Judl!Il'lent

?.LI L IVl~---
Signature of Judge

Richard E. Myers II, Chief United States District Judge
Name and Title of Judge

Case 5:25-cr-00022-M Document 39 Filed 10/07/25 Page 1 of 7
AO 245B (Re\·. 09/19) Judgment in Criminal Case
Sheet 2 - Imprisonment

Judgment - Page 2 of 7
DEFENDANT: MITCHELL SUMMERFIELD
CASE UMBER: 5:25-CR-22-1 M

IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total tenu of:

1 year 1 day

lt1 The court makes the following recommendations to the Bureau of Prisons:
The court recommends: Most intensive substance abuse treatment, Vocational training/educational opportunities, Mental health
assessment and treatment, Physical health evaluation and treatment, Placement at FCI Butner - faci lity closest to fam ily.

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

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

D at 0 a .Ill . D p.m. 011

[il' as notified by the United States Marshal.

D The defendant shall smTender for se1vice of sentence at the institution designated by the Bureau of Prisons:
D before 2 p .m. on
D as notified by the United States Marshal.
D as notified by the Probation or Pretrial Services Office.

RETUR!~
I have executed this judgment as follows :

Defendant delivered on to

at , with a certified copy of this judgment.

UNITED STA TES MARSHAL

By
DEPlITY UNITED STATES MARSHAL

Case 5:25-cr-00022-M Document 39 Filed 10/07/25 Page 2 of 7
AO 245B (Rev. 09/ 19) Judgment in a Criminal Case
Sheet 3 - Supervised Release
Judgment-Page of
DEFENDANT: MITCHELL SUMMERFIELD
CASE NUMBER: 5:25-CR-22-1 M
SUPERVISED RELEASE
Upon release from imprisonment you \¥:ill be on supe1vised release for a tem1 of:

3 years

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 unlav.ful use of a controlled substance. You must submit to one drug test within 15 days of release from
imprisonment and at least two periodic drng tests thereafter, as determined by the cou11.
IZ'.I Tue above drug testing condition is suspended, based on the com1's detennination that you
pose a low risk of ftttme substance abuse. (check if applicable)
4. Ii'.! 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. Ii'.! You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. D You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901 , et 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 if applicable)
7. D You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this com1 as well as with any other conditions on the attached
page.

Case 5:25-cr-00022-M Document 39 Filed 10/07/25 Page 3 of 7
AO 245B (ReY. 09/19) Judgment in a Criminal Case
Sheet 3A- SupeJVised Release
Judgment-Page of
DEFENDANT: MITCHELL SUMMERFIELD
CASE NUMBER: 5:25-CR-22-1M

STANDARD CONDITIONS OF SUPERVISION
As pat1 of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation
officers to keep informed, repo11 to the court about, at1d bring about improvements in your conduct and condition.

1. You must repo11 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 instrncts you to repo11 to a different probation office or within a different time
frame.
2. After initially repo11ing to the probation office, you will receive instructions from the comt or the probation officer about how and
when you must repoti to the probation officer. at1d you must rep01i to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting pennission from the
court or the probation officer.
4. You must answer trnthfully 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 ai1ything about your living
ai1·angements (such as the people you live with), you must notify the probation officer at least 10 clays before the change. If notifying
the probation officer in ad, ance is not possible due to unanticipated circumstances. you must notify the probation officer within 72
hours of becoming aware ofa change or expected change.
6. You must allow the probation officer to visit you at any tin1e at your home or elsewhere, and you must pennit the probation officer to
take at1y items prohibited by the conditions of your supe1vision that he or she observes in plain view.
7. You 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. If you do not have full-time employment you must tty to find full-time employment, m1Jess the probation officer excuses
you from doing so. If you plat1 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 least1 0days before the cl1at1ge. If notifying the probation officer at leat 1 0

days in advat1ce is not possible clue to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
8. You must not communicate or interact v,ith 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 w-ithout first getting the pem1ission of the
probation officer.
9. lfyou are atTested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours .
You must not own, possess, or have access to a fireann. ammunition, destructive device. or dangerous weapon (i.e .. ai1ythi11g that was
1 0 .

designed. or was modified for. the specific purpose of causing bodily injury or death to another person such as nunchal-..'11s or tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or infomiant , ithout
first getting the pennission of the comt
lfthe probation officer detennines that you pose a risk to another person (including an orgru1ization), the probation officer may
1 2 .

require you to notify the person about the risk and you must comply with that insttuction. The probation officer may contact the
person and confinn that you have notified the person about the risk.
1 You must follow the insttuctions of the probation officer related to the conditions of supetvision.
3 .

U.S. Probation Office Use Only
A U.S. probation officer has instmcted me on the conditions specified by the comi and has provided me with a written copy of this
judgment containing these conditions. For ftuiher infonnation regai·ding these conditions, see Ol·en•ie1r of Probation and S11pe11 ,ised
Release Conditions, available at: www.uscomts.2:ov.

Defendat1t's Signature Date

Case 5:25-cr-00022-M Document 39 Filed 10/07/25 Page 4 of 7
AO 245B (ReY. 09i 19) Judgment in a Criminal Case
Sheet 3D - Supervised Release
Judgment-Page 5 of 7
DEFENDANT: MITCHELL SUMMERFIELD
CASE NUMBER: 5:25-CR-22-1M

SPECIAL CONDITIONS OF SUPERVISION

The defendant shall abide by all conditions and terms of the home detention program for a period not to exceed 180
consecutive days. The defendant shall be restricted to his residence at all times except for pre-approved and scheduled
absences for employment, education , religious activities, medical treatment, attorney visits, court appearances, court
obligations, or other activities as approved by the probation officer in advance. The defendant shall submit to location
monitoring and abide by all program requirements, instructions and procedures provided by the supervising probation
officer. The defendant shall pay for location monitoring services as directed by the probation officer.

The defendant shall submit to a search , at any time, with or without a warrant, and by any law enforcement or probation
officer, of the defendant's person and any property, house , residence , vehicle, p and personal effects upon reasonable
suspicion concerning a violation of a condition of supervised release or unlawful conduct by the defendant, or by any
probation officer in the lawful discharge of the officer's supervision functions . The court notes that Fourth Circuit precedent
may require that a probation officer have some particularized suspicion to render certain searches lawful, and the court
imposes lawful searches .

The defendant shall not incur new credit charges or open additional lines of credit without approval of the probation office.

The defendant shall provide the probation office with access to any requested financial information.

The defendant must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a
sentence of restitution.

Case 5:25-cr-00022-M Document 39 Filed 10/07/25 Page 5 of 7
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties
Judgment - Page 6 of 7
DEFENDANT: MITCHELL SUMMERFIELD
CASE UMBER: 5:25-CR-22-1M
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetruy penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 100.00 $ 461 ,036.89 s $ $

D The detennination of restitution is defen-ed until . An Amended Judgment in a Criminal Case (AO 245C) will be
entered aft.er such detennination.

~ The defendru1t must make restitution (including community restitution) to the following payees in the runount listed below.

If the defendant makes a partial payment. each payee shall receive an approximately proportioned paynient, unless specified otherwise in
the primity or~er or perc~ntage payment column below. However, pursuant to 18 U .S.C. § 3664(.1) all nonfederal victims must be paid
before the Umted States 1s paid.

Name of Payee Total Loss*** Restitution Ordered Prioritv or Pel'Ceotage
U.S. Small Business Administration $461,036.89 $461,036.89

TOTALS $ 461 ,036.89 $ 461,036.89

D Restitution runount ordered pursuant to plea agreement $

D Tue 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(t). 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).

Ill The comt detennined that the defendant does not have the ability to pay interest and it is ordered that:

ll] the interest requirement is waived for the D fine Ill restitution.
D the interest requirement for the D fine D restitution is modified as follows :

* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018. Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of2015, Pub. L. No. 114-22.
** * Findings for the total amount oflosses are required under Chapters 109A, 110 l lOA.and113A of Title 18 for offenses c01mnitted on
or after September 13, 1994 but before April 23, 1996. ,

Case 5:25-cr-00022-M Document 39 Filed 10/07/25 Page 6 of 7
AO 245B (Rev. 09/ 19) Judgment in a Criminal Case
Sheet 6- Schedule of Payments

Judgment - Page 7 of 7
DEFENDANT: MITCHELL SUMMERFIELD
CASE NUMBER: 5:25-CR-22-1 M

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetaiy penalties is clue as follows :

A D Lump sum payment of$ due immediately. balance due

D not later than . or
D in accordance with D C, D D. D E,or D F below; or
B ~ Payment to begin immediately (may be combined with □ c. □ D, or 0 F below): or

C D Payment in equal (e.g. , weekly, monrhl;.~ quarrerl;) 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 D Payment in equal (e.g. , weekly, monthlJ; quarter!;,) 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
tenn of supervision; or

E D Payment during the tenn of supervised release will commence within (e.g. , 30 or 60 days) after release from
imprisomuent. The cornt will set the payment plan based on an assessment of the defendant's ability to pay at that ti.me; or

F Ill Special instmctions regai·ding the payment of criminal monetaiy penalties:
The special assessment shall be due in full immediately. Payment of restitution shall be due and payable in full immediately. However, if the
defendant is unable to pay in full immediately, the special assessment and restitution may be paid through the Inmate Financial Responsibility
Program (IFRP). The court orders that the defendant pay a minimum payment of $25 per quarter through the IFRP, if available. The court,
having considered the defendant's financial resources and ability to pay, orders that any balance still owed at the time of release shall be paid
in installments of $500 per month to begin 60 days after the defendant's release from prison. At the time of the defendant's release, the
probation officer shall take into consideration the defendant's ability to pay the restitution ordered and shall notify the court of any needed
modification of the payment schedu le.

Unless the cowt has expressly ordered otherwise, ifthis judgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of imprisonment. All criminal monetary penafiies, except those payments made tlirornih the Federal Bureau of Prisons ' Inmate
Fina11cial Responsibility Program. are made to the clerk of the comt. ~

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

D Joint and Several

Case Number
Defendant and Co-Defendant Names Joint and Several Con-~sponding_ Payee,
(including defendant number) Total Amount Amount 1f appropnate

D The defendant shall pay the cost of prosecution.

D The defendant shall pay tl1e following court cost(s):

Ill The defendant shall forfeit the defendant's interest in the following property to the United States:
as specified in the Preliminary Order of Forfeiture entered on May 27, 2025.

Payments ~ha_ll be applied .in the following ord~r: (1) ".sse.ssment, (2) restin1tion principal. (3) r:estitution interest, (4) Av_A.A. assessment,
(5) fine pnncrpal, (6) fine mterest, (7) corrum1111ty reshtuhon. (8) JVTA assessment. (9) penalties. and (10) costs, mcludmg cost of
prosecut10n and comt costs.

Case 5:25-cr-00022-M Document 39 Filed 10/07/25 Page 7 of 7

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