Judgment — United States v. Albert Eugene Miller, Jr., Eastern District of North Carolina (Document 28)
Summary
A judgment in a criminal case (AO 245B) in United States v. Albert Eugene Miller, Jr., Case Number 5:22-CR-290-1D, in the U.S. District Court for the Eastern District of North Carolina, filed 05/17/23 as Document 28. The defendant pleaded guilty to Count 1, conspiracy to commit wire fraud under 18 U.S.C. § 1349, with the offense ended 12/31/2021. The court imposes 12 months and 1 day of imprisonment, recommends placement at FCI Butner, and orders 3 years of supervised release. It orders a $100.00 assessment and restitution of $145,832.50 to the U.S Small Business Administration, joint and several with Quentin Allen Jackson, Schunda Coleman and Edward Sheldon Whitaker, and forfeiture under the Preliminary Order of Forfeiture entered on 02/23/2023. The name and title block lists James C. Dever.
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“Judgment — United States v. Albert Eugene Miller, Jr., Eastern District of North Carolina (Document 28).”
Original at ecf.nced.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-miller-dkt-28-e-d-n-c-bd806fba1a/
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AO 2458 (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. )
ALBERT EUGENE MILLER, JR. )
) Case Number: 5:22-CR-290-1 D
) USMNumber: 44811-510
)
) Myron T. Hill, Jr.
) 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 ofnot 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 Wire Fraud 12/31/2021 1
18 U.S.C. § 1343
I
The defendant is sentenced-as provided in pages 2 through _ _8_ _ ofth"is .Judgment. Th e sentence
. ·is ·impose d pursuantlto i
the Sentencing Reform Act of 1984.
I
D The defendant has been found not guilty on count(s) '
D Count(s) D is 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 ofname, 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 ofmateri~l changes in economic circumstances.
5/17/2023
Date oflmposition of Judgment
Signature
/
JAMES C. DEVER Ill, US DISTRICT COURT JUDGE
Name and Title of Judge
5/17/2023
Date
Case 5:22-cr-00290-D Document 28 Filed 05/17/23 Page 1 of 8
AO 245B (Rev. 09/19) Judgment in Criminal Case
Sheet 2 - Imprisonment
Judgment- Page ---=2~_ of si
DEFENDANT: ALBERT EUGENE MILLER, JR.
CASE NUMBER: 5:22-CR-290-1 D
IMPRISONMENT
The defendant is hereby committed to the _custody of the 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 of Prisons:
The court recommends vocational training/ educational opportunities and placement at FCI Butner.
D 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.
~ .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.
~ as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on to
i
at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
Case 5:22-cr-00290-D Document 28 Filed 05/17/23 Page 2 of 8
AO 2458 (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 - Supervised Release
Judgment-Page 3 of 8,
DEFENDANT: ALBERT EUGENE MILLER, JR.
CASE NUMBER: 5:22-CR-290-1 D
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term 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 unlawful use of a controlled substance. You must submit to one drug test within 15 days of release froi;n
imprisonment and at least two periodic drug tests thereafter, as determined by the court. i
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. Ill You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of I
restitution. (check if applicable) i
5. Ill You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable) . , _ /
6. D You must comply with theI requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) asI
directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you
I
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 court as well as with any other conditions on the attached
page.
Case 5:22-cr-00290-D Document 28 Filed 05/17/23 Page 3 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3A - Supervised Release
Judgment-Page 4
---'---- 0
r ---8
~--
DEFENDANT: ALBERT EUGENE MILLER, JR.
CASE NUMBER: 5:22-CR-290-1 D
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the folloJing.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 t~me
fr~. !
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 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. IO
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 1
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. ,
I 0. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that 1was
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 withJut
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 5:22-cr-00290-D Document 28 Filed 05/17/23 Page 4 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3D - Supervised Release
Judgment-,-Page 5 of ----"'8'---'i'--_
!
DEFENDANT: ALBERT EUGENE MILLER, JR.
CASE NUMBER: 5:22-CR-290-1D
SPECIAL CONDITIONS OF SUPERVISION
The defendant shall submit to financial or consumer credit counseling as directed by the probation office.
The defendant shall not incur new credit charges or open additional lines of credit without approval of the probation office. 1
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 5:22-cr-00290-D Document 28 Filed 05/17/23 Page 5 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties
Judgment- Page _ _6__ of 8
DEFENDANT: ALBERT EUGENE MILLER, JR.
CASE NUMBER: 5:22-CR-290-1 D
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 $ 145,832.50 $ $ $
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 approximatel~proportioned payment, unless specified otherwise:in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid
before the United States is paid. _ ·
Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
U.S Small Business Administration $145,832.50 $145,832.50 100
721 19th Street, 3rd Floor, Room 302
Denver, CO 80202
TOTALS $ 145,832.50 $ 145,832.50
------ ----
D Restitution amount ordered pursuant to plea agreement $ !
----------
D The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution· or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
D The court detennined that the defendant does not have the ability to pay interest and it is ordered that:
D the interest requirement is waived for the D fine D restitution.
D the inteJ,"est requirement for the D fine D restitution is modified as follows:
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
*** Findings for the total amount of!osses are required under Chapters 109A, 110, l lOA, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996. . .
Case 5:22-cr-00290-D Document 28 Filed 05/17/23 Page 6 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6 - Schedule of Payments
Judgment - Page -~7- of 8
DEFENDANT: ALBERT EUGENE MILLER, JR.
CASE NUMBER: 5:22-CR-290-1 D
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A D Lump sum payment of$ due immediately, balance due
D not later than , or
d .in accordance with D C, D D, D E, or D Fbelow; or
B ~ Payment to begin immediately (may be combined with D 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 Ill Special instructions regarding the payment of criminal monetary penalties:
Payment of the special assessment is due in full immediately. The court orders that the defendant pay a minimu,m
payment of $25 per quarter through the IFRP, if available. The court, having considered the defendar:it'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.
:
I
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due d~ring
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. !
Th_e defendant shall° receive credit for all payments previously made toward any criminal monetary penalties imposed.
I
[l] Joint and Several i
i
Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,! ·
(including defendant number) Total Amount Amount if appropriate ;
!
Quentin Allen Jackson
145,832.50 145,832.50
5:22-CR-180-1 D
D The defendant shall pay the cost of prosecution.
D The defendant shall pay the following court cost(s):
Ill The defendant shall forfeit the defendant's interest in the following property to the United States:
The defendant shall forfeit to the United States the defendant's interest in the property specified in the Preliminary Order
of Forfeiture entered on 02/23/2023. ·
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) A VAA assessment,
(5) fine principal, (6J fine interest, (7) community restitution, (8) NTA assessment, (9) penalties, and (10) costs, mcluding cost of
prosecut10n and court costs.
Case 5:22-cr-00290-D Document 28 Filed 05/17/23 Page 7 of 8
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6A- Schedule of Payments
Judgment-Page 8 of ------'8,c.-,1__
DEFENDANT: ALBERT EUGENE MILLER, JR.
CASE NUMBER: 5:22-CR-290-1O
ADDITIONAL DEFENDANTS AND CO-DEFENDANTS HELD JOINT AND SEVERAL
Case Number
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate
Schunda Coleman
5:22-CR-257-2D $145,832.50 $145,832.50
Edward Sheldon Whitaker
5:20-CR-257-1 D $145,832.50 $145,832.50
/
Case 5:22-cr-00290-D Document 28 Filed 05/17/23 Page 8 of 8
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