Judgment in a Criminal Case — United States v. Marlon McKnight, Eastern District of Virginia (Document 32)
Summary
A judgment in a criminal case (AO 245B) for Marlon McKnight, Case Number 4:21CR00071-001, filed July 8, 2022 as Document 32 in the U.S. District Court for the Eastern District of Virginia, Newport News Division, with judgment imposed July 7, 2022. The defendant pleaded guilty to Count 1 of the Indictment, wire fraud under 18 U.S.C. §1343, with the offense ended August 10, 2020, and the remaining counts are dismissed on the government's motion. The sentence is TWENTY-SEVEN (27) MONTHS in prison, to be served consecutively to the sentence in Docket No. 4:17CR118, followed by THREE (3) YEARS of supervised release, with surrender by August 19, 2022. The judgment imposes a $100.00 assessment and restitution of $34,900.00, payable at not less than $200.00 per month after supervision begins. The judge is Arenda L. Wright Allen, United States District Judge.
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“Judgment in a Criminal Case — United States v. Marlon McKnight, Eastern District of Virginia (Document 32).”
Original at ecf.vaed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-mcknight-dkt-32-e-d-va-b27c55cfae/
, SHA-256 c833422f3368ec1338b7dbe55b2577c0fd6663ae9baa0200d0d57198c1ebacc3.Full text
Case 4:21-cr-00071-AWA-RJK Document 32 Filed 07/08/22 Page 1 of 7 PageID# 146
AO 245B (Rev. 09/19) (VAE 01/22) Judgment in a Criminal Case
Sheet 1
UNITED STATES DISTRICT COURT
Eastern District of Virginia
Newport News Division
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
)
v. ) Case Number: 4:21CR00071-001
)
MARLON MCKNIGHT, ) USM Number: 92113-083
Defendant. )
Defendant's Attorney: James Ellenson
)
)
The defendant pleaded guilty to Count 1 of the Indictment.
The defendant is adjudged guilty of the following offense:
Title and Section Nature of Offense Offense Ended Count
T. 18 U.S.C. §1343 Wire Fraud August 10, 2020 1
The defendant is sentenced as provided in pages 2 through 7 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)
The remaining counts ☐ 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 of any change of name, residence,
or mailing address until the special assessment and restitution 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.
July 7, 2022
Date of Imposition of Judgment
Signature of Judge
Arenda L. Wright Allen, United States District Judge
Name and Title of Judge
July 7, 2022
Date
Case 4:21-cr-00071-AWA-RJK Document 32 Filed 07/08/22 Page 2 of 7 PageID# 147
AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case Page 2 of 7
Sheet 2 - Imprisonment
Case Number: 4:21CR00071-001
Defendant’s Name: MCKNIGHT, MARLON
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
term of TWENTY-SEVEN (27) MONTHS TO BE SERVED CONSECUTIVELY TO DOCKET NO. 4:17CR118.
The Court makes the following recommendations to the Bureau of Prisons:
1. The defendant shall be incarcerated in a facility as close to the Tidewater Virginia area as possible.
2. The instance sentence shall be served at the same facility as the sentence imposed upon Defendant by this Court in USA v.
McKnight, Dkt #4:17cr118.
The court makes the following recommendations to the Bureau of Prisons:
☐ The defendant is remanded to the custody of the United States Marshal.
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
☒ before 2:00 p.m. on August 19, 2022.
☐ as notified by the United States Marshal.
☐ as notified by the Probation or Pretrial Services Office.
☒ If the defendant is not notified by the USM of the institution designated, he shall report to the United States Marshal at 600
Granby Street, Norfolk, Virginia
☒ by 2:00 ☐ a.m. ☒ p.m. on August 19, 2022 .
☐ as notified by the United States Marshal.
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 UNITED STATES MARSHAL
Case 4:21-cr-00071-AWA-RJK Document 32 Filed 07/08/22 Page 3 of 7 PageID# 148
AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case Page 3 of 7
Sheet 3 – Supervised Release
Case Number: 4:21CR00071-001
Defendant’s Name: MCKNIGHT, MARLON
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of THREE (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 unlawful use of a 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.
☒ 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 of DNA as directed by the probation officer. (check if applicable)
6. ☐ 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. ☐ 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 4:21-cr-00071-AWA-RJK Document 32 Filed 07/08/22 Page 4 of 7 PageID# 149
AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case Page 4 of 7
Sheet 3 – Supervised Release
Case Number: 4:21CR00071-001
Defendant’s Name: MCKNIGHT, MARLON
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 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 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 10 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 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, 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
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AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case Page 5 of 7
Sheet 3A – Supervised Release
Case Number: 4:21CR00071-001
Defendant’s Name: MCKNIGHT, MARLON
SPECIAL CONDITIONS OF SUPERVISION
1) The defendant shall pay for the support of his children in the amount ordered by any social service agency or
court of competent jurisdiction, and shall register with the Department of Child Support Enforcement in any state
in which he resides.
2) The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritances, judgments,
and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation, or in a
lesser amount to be determined by the court, upon the recommendation of the probation officer.
3) The defendant shall participate in the Treasury Offset Program (TOP) as directed by the probation officer.
4) The defendant shall not incur new credit charges or open additional lines of credit without the approval of the
probation officer until the restitution is paid in full.
5) The defendant shall provide the probation officer access to any requested financial information.
Case 4:21-cr-00071-AWA-RJK Document 32 Filed 07/08/22 Page 6 of 7 PageID# 151
AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case Page 6 of 7
Sheet 5 – Criminal Monetary Penalties
Case Number: 4:21CR00071-001
Defendant’s Name: MCKNIGHT, MARLON
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
AVAA JVTA
Assessment Restitution Fine
Assessment* Assessment**
TOTALS $ 100.00 $ 34,900.00 $ 0.00 $ 0.00 $ 0.00
☐ The determination of restitution 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 18 U.S.C. § 3664(i), all nonfederal
victims must be paid before the United States is paid.
☒ Restitution amount ordered $ 34,900.00. SEE RESTITUTION ORDER FILED ON JULY 7, 2022
☐ 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).
☒ 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:
* 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, 110A, and 113A of Title 18 for offenses committed
on or after September 13, 1994, but before April 23, 1996.
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AO 245B (Rev. 09/19) (VAE 11/21) Judgment in a Criminal Case Page 7 of 7
Sheet 6 – Schedule of Payments
Case Number: 4:21CR00071-001
Defendant’s Name: MCKNIGHT, MARLON
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 ☐ F below; or
B ☒ The special assessment and restitution shall be due in full 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 ☒ Any balance remaining unpaid on the special assessment and restitution at the incecption of supervision shall be paid by
the defendant in installments of not less than $200.00 per month, until paid in full. Said payments shall commence 60
days after defendant’s supervision begins.
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:
Any special assessment or restitution payments may be subject to penalties for default and delinquency.
Nothing in the court’s order shall prohibit the collection of any judgment by the United States.
Since this judgment imposes a period of 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.
☐ Joint and Several
Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate
☐ 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) AVAA
assessment, (5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs,
including cost of prosecution and court costs.
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