Judgment — United States v. Timothy Kelvin Harvey, Eastern District of North Carolina (Document 261)

Summary

A judgment in a criminal case (AO 245B) for defendant Timothy Kelvin Harvey, Case Number 5:23-CR-293-D5, in the U.S. District Court for the Eastern District of North Carolina, filed 09/03/24 as Document 261 in Case 5:23-cr-00293-D-BM. The defendant pleaded guilty to Count 1, conspiracy to commit mail fraud under 18 U.S.C. § 1349, with the offense ended 2/1/2022, and Counts 20-27 are dismissed on the motion of the United States. The court imposes 18 months of imprisonment and 3 years of supervised release with mental health treatment. It orders a $100.00 assessment and restitution of $51,185.00 to the U.S. Department of the Treasury, joint and several with Joe Jefferson, 5:23-cr-293-D1. The name and title block lists James C. Dever.

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“Judgment — United States v. Timothy Kelvin Harvey, Eastern District of North Carolina (Document 261).” Original at ecf.nced.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-jefferson-dkt-261-e-d-n-c-7e2e41bb6f/, SHA-256 fd18be0ca09880128f1c31402e5eb1a37ae1f3235f72832dedae5eb45f4e5c6d.

Full text

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

UNITED STATES DISTRICT COURT
Eastern District of North Carolina
)
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
V. )
TIMOTHY KELVIN HARVEY )
) Case Number: 5:23-CR-293-D5
) USM Number: 78680-510
)
) JOHN THOMAS STANFORD
) Defendant's Attorney
THE DEFENDANT:
~ pleaded guilty to count(s) 1
-------------------------------------
□ pleaded nolo contendere to count(s)
which was accepted by the court.
D 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. § 1349, Conspiracy to Commit Mail Fraud 2/1/2022 1

18 U.S.C. § 1341

. The defe~dant is sentenced as provided in pages 2 through _ _7_ _ of this judgment. The sentence is imposed pursuant to
the Sentencing Refonn Act of 1984.
D The defendant has been found not guilty on count(s)
~ Count(s) 20-27 Dis ~ 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 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 defenaant must notify the court and United States attorney of material changes in economic circumstances.

9/3/2024
Date of Imposition of Judgment

SignatuTec: Judg

JAMES C. DEVER 111, US DISTRICT COURT JUDGE
Name and Title of Judge

9/3/2024
Date

Case 5:23-cr-00293-D-BM Document 261 Filed 09/03/24 Page 1 of 7
AO 245B (Rev. 09/19) Judgment in Criminal Case
Sheet 2 - Imprisonment

Judgment - Page _2~_ of 7
DEFENDANT: TIMOTHY KELVIN HARVEY
CASE NUMBER: 5:23-CR-293-D5

IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total term of:
18 months.

~ The court makes the following recommendations to the Bureau of Prisons:
The court recommends vocational training/educational opportunities, mental health assessment and evaluation,
placement at FCI Butner subject to keeping separate from co-defendants Joe Lewis Jefferson, Danyael Davis
Jefferson, Arkino Montrillis Williams, John Lee Bass, Jr., and Douglas Roberson.

Ill The defendant is remanded to the custody of the United States Marshal.
D The defendant shall surrender to the United States Marshal for this district:
D at ----------
D a.m. D p.m. on

D as notified by the United States Marshal.

D The defendant shall surrender for service 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.

RETURN
I have executed this judgment as follows:

Defendant delivered on to

at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , with a certified copy of this judgment.

UNITED STA TES MARSHAL

By
DEPUTY UNITED STATES MARSHAL

Case 5:23-cr-00293-D-BM Document 261 Filed 09/03/24 Page 2 of 7
AO 2458 (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 - Supervised Release
Judgment-Page___ of --~7_ _
DEFENDANT: TIMOTHY KELVIN HARVEY
CASE NUMBER: 5:23-CR-293-D5
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:

3 years.

MANDATORY CONDITIONS
I. 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 ofrelease from
imprisonment and at least two periodic drug tests thereafter, as determined by the court.
D The above drug testing condition is suspended, based on the court's determination that you
pose a low risk of future substance abuse. (check if applicable)
4. ~ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check if applicable)
5. ~ You must cooperate in the collection ofDNA as directed by the probation officer. (checkifapplicable)
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 ifapplicable)
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 court as well as with any other conditions on the attached
page.

Case 5:23-cr-00293-D-BM Document 261 Filed 09/03/24 Page 3 of 7
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3A - Supervised Release
Judgment-Page - - ~ - - o f _ _ _ _ __
DEFENDANT: TIMOTHY KELVIN HARVEY
CASE NUMBER: 5:23-CR-293-D5

STANDARD CONDITIONS OF SUPERVISION
As part 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, 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 time
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 federal judicial district where you are authorized to reside without first getting permission 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
arrangements (such as the people you live with), you must notify the probation officer at least IO 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 ofa 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 permit the probation officer to
take any items prohibited by the conditions of your supervision 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 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 IO days before the change. If notifying the probation officer at least 10
days 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.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
convicted ofa 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, possess, 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 tasers).
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 confirm 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 Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature Date _ _ _ _ _ _ _ _ _ _ __

Case 5:23-cr-00293-D-BM Document 261 Filed 09/03/24 Page 4 of 7
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3D- Supervised Release
Judgment-Page _5_~ of 7
DEFENDANT: TIMOTHY KELVIN HARVEY
CASE NUMBER: 5:23-CR-293-D5

SPECIAL CONDITIONS OF SUPERVISION

1. The defendant shall participate in a program of mental health treatment, as directed by the probation office.

2. 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, and 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.

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

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

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

6. The defendant shall support his dependents.

Case 5:23-cr-00293-D-BM Document 261 Filed 09/03/24 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: TIMOTHY KELVIN HARVEY
CASE NUMBER: 5:23-CR-293-D5
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 $ 100.00 $ 51,185.00 $ $ $

D The determination ofrestitution is deferred until - - - - - An Amended Judgment in a Criminal Case (AO 245C) will be
entered after such determination.

D 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 priorit)' order or percentage payment column below. However, pursuant to 18 U.S.C. § 36640), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
U.S. Department of the Treasury $51,185.00 $51,185.00

TOTALS $ 51,185.00 $ 51,185.00
----------

D Restitution amount ordered pursuant to plea agreement $

D 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 Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

liZl The court determined that the defendant does not have the ability to pay interest and it is ordered that:

liZl the interest requirement is waived for the D fine liZl 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 of 2015, Pub. L. No. 114-22.
* ** Findings for the total amount of losses are required under Chapters 109A, 110, 11 OA, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.

Case 5:23-cr-00293-D-BM Document 261 Filed 09/03/24 Page 6 of 7
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6 - Schedule of Payments

7_ of
Judgment - Page _ _ 7
DEFENDANT: TIMOTHY KELVIN HARVEY
CASE NUMBER: 5:23-CR-293-D5

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 payment of$ due immediately, balance due

□ not later than , or
□ in accordance with □ C, □ D, □ E,or D F below; or

B ~ Payment to begin immediately (may be combined with □ c, DD,or @ F below); or

C 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 the date of this judgment; or

D 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 D 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 liZl Special instructions regarding the payment of criminal monetary penalties:
Payment of the special assessment and restitution is due in full immediately. If special assessment and restitution
cannot be paid in full immediately, will be paid through the Inmate Financial Responsibility Program in installments
of $25.00 per quarter. The balance owed at the time of release shall be paid in the amount of $300.00 per month
to begin sixty (60) days after release. At the time of release probation will take into account ability to pay and notify
the court of any need for modification of the payment schedule.

Unless the court has expressly ordered otherwise, 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.

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

[l] Joint and Several

Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate
5:23-cr-293-D1 51,185.00 51,185.00
Joe Jefferson

D The defendant shall pay the cost of prosecution.

D 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 applied in the following order: (I) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(SJ fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (I 0) costs, mcluding cost of
prosecution and court costs.

Case 5:23-cr-00293-D-BM Document 261 Filed 09/03/24 Page 7 of 7

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