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Judgment — United States v. Reginald Dewayne Rhodes, Jr., Northern District of Alabama (Document 18)

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A judgment in a criminal case in United States v. Reginald Dewayne Rhodes, Jr., No. 7:23-cr-00309-LSC-GMB, in the U.S. District Court for the Northern District of Alabama, filed April 3, 2024 as Document 18 and dated that day by Judge L. Scott Coogler. The defendant pleaded guilty to count 1, fraud by wire, radio, or television under 18 U.S.C. §§ 1343 and 2. The court imposes EIGHTEEN (18) months in the Bureau of Prisons, concurrent with the sentence in Tuscaloosa County Circuit Court case number CC2021-961, followed by 36 months of supervised release with substance abuse, mental health, education and job training conditions. It orders a $100.00 special assessment and restitution of $11,770.00 to the Small Business Administration.

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“Judgment — United States v. Reginald Dewayne Rhodes, Jr., Northern District of Alabama (Document 18).” Original at ecf.alnd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-rhodes-dkt-18-457bd887e3/, SHA-256 f8a777508d825f1620dc2b08733c313090f6c5a5ea8030ff37e338995db19cda.

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              Case 7:23-cr-00309-LSC-GMB                   Document 18        Filed 04/03/24        Page 1 of 6            FILED
                                                                                                                  2024 Apr-03 PM 03:13
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 1 - Judgment in a Criminal Case                                         U.S. DISTRICT COURT
                                                                                                                      N.D. OF ALABAMA


                                UNITED STATES DISTRICT COURT
                                    Northern District of Alabama
UNITED STATES OF AMERICA

         v.                                                           Case Number 7:23-CR-309-LSC-GMB

REGINALD DEWAYNE RHODES, JR.
     Defendant.


                                        JUDGMENT IN A CRIMINAL CASE
                              (For Offenses Committed On or After November 1, 1987)

         The defendant, REGINALD DEWAYNE RHODES, JR., was represented by Courtney Murtha.

        The defendant pleaded guilty to count 1. Accordingly, the defendant is adjudged guilty of the following
count, involving the indicated offense:

Title & Section                              Nature of Offense                                 Count Number

18 U.S.C. §§ 1343 and 2            FRAUD BY WIRE, RADIO, OR TELEVISION                         1

     As pronounced on April 3, 2024, the defendant is sentenced as provided in pages 2 through 6 of this
Judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

       It is ordered that the defendant shall pay to the United States a special assessment of $100.00, for count
1, which shall be due immediately.

        It is further ordered that the defendant shall 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.

                  Done this 3rd day of April, 2024.




                                                                           L. Scott Coogler
                                                                      United States District Judge
                                                                                           202713
              Case 7:23-cr-00309-LSC-GMB                     Document 18     Filed 04/03/24    Page 2 of 6
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 2 - Imprisonment


                                                                                                   Judgment--Page 2 of 6
Defendant: REGINALD DEWAYNE RHODES, JR.
Case Number: 7:23-CR-309-LSC-GMB

                                                       IMPRISONMENT

        The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned
for a term of EIGHTEEN (18) months as to Count 1. The term of imprisonment by this judgment shall run
concurrently with the sentence imposed in Tuscaloosa County Circuit Court case number CC2021-961.

        The Court makes the following recommendations to the Bureau of Prisons: That the defendant be housed
in a facility close to Tuscaloosa, AL.

        The defendant is remanded to the custody of 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 Marshal
                Case 7:23-cr-00309-LSC-GMB                       Document 18             Filed 04/03/24            Page 3 of 6
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 3 - Supervised Release
                                                                                          Judgment--Page 3 of 6
Defendant: REGINALD DEWAYNE RHODES, JR.
Case Number: 7:23-CR-309-LSC-GMB
                                            SUPERVISED RELEASE
       Upon release from imprisonment, the defendant shall be on supervised release for a term of 36 months.
The Probation Office shall provide the defendant with a copy of the standard conditions and any special conditions
of supervised release.

                                           STANDARD CONDITIONS OF SUPERVISED RELEASE

While the defendant is on supervised release pursuant to this Judgment:
1)   You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the time you
     were sentenced (if placed on probation) or released from custody (if supervised release is ordered), 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
     to report to the probation officer, and you must report to the probation officer as instructed.
3)   You must not commit another federal, state, or local crime.
4)   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).
     Revocation of supervision is mandatory for possession of a firearm.
5)   You must not unlawfully possess a controlled substance.
6)   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. You must contribute to the cost of drug testing
     unless the probation officer determines you do not have the ability to do so. Based upon a court order entered during the period of
     supervision for good cause shown or resulting from a positive drug test or evidence of excessive use of alcohol, you shall be placed
     in the Substance Abuse Intervention Program (SAIP) (or comparable program in another district).
7)   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.
8)   You must follow the instructions of the probation officer related to the conditions of supervision.
9)   You must answer truthfully the questions asked by the probation officer.
10) 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 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. (If you have been convicted of a crime of violence or a drug
     trafficking offense, the probation office is responsible for complying with the notice provisions of 18 U.S.C. § 4042(b) and (c) if you
     change your residence.)
11) 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.
12) 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 the position or the 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.
13) 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.
14) If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
15) 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.
16) 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.
17) You must fully and truthfully disclose financial information as requested by the probation officer related to the conditions of supervision.
     Financial information may include, but is not limited to, authorization for release of credit information, bank records, income tax returns,
     documentation of income and expenses, and other financial information regarding personal or business assets, debts, obligations, and/or
     agreements in which the defendant has a business involvement or financial interest.
18) You must support all dependents.
               Case 7:23-cr-00309-LSC-GMB                     Document 18            Filed 04/03/24          Page 4 of 6
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 3 - Continuation of Standard Conditions of Supervised Release
                                                                                                              Judgment--Page 4 of 6
Defendant: REGINALD DEWAYNE RHODES, JR.
Case Number: 7:23-CR-309-LSC-GMB

                             CONTINUATION OF STANDARD CONDITIONS OF SUPERVISED RELEASE

19)   You must comply with the probation office's Policies and Procedures Concerning Court-Ordered Financial Obligations to satisfy the
      balance of any monetary obligation resulting from the sentence imposed in the case. Further, you must notify the probation officer of
      any change in your economic circumstances that might affect your ability to pay a fine, restitution, or assessment fee. If you become
      more than 60 days delinquent in payments of financial obligations, you may be: (a) required to attend a financial education or
      employment preparation program under the administrative supervision of the probation officer; (b) placed on home detention subject
      to location monitoring for a maximum period of 90 days under the administrative supervision of the probation officer (and you must pay
      the cost of monitoring unless the probation officer determines you do not have the ability to do so); and/or (c) placed in a community
      corrections center for up to 180 days under the administrative supervision of the probation officer (and you must pay the cost of
      subsistence unless the probation officer determines you do not have the ability to do so).
               Case 7:23-cr-00309-LSC-GMB                       Document 18            Filed 04/03/24           Page 5 of 6
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 3 (cont'd) - Supervised Release


                                                                                                                  Judgment--Page 5 of 6
Defendant: REGINALD DEWAYNE RHODES, JR.
Case Number: 7:23-CR-309-LSC-GMB

                                                SPECIAL CONDITIONS OF SUPERVISION

While the defendant is on supervised release pursuant to this Judgment:

1)    You must cooperate in the collection of DNA under the administrative supervision of the probation officer.
2)    You must not use or possess any narcotic or controlled substance except as prescribed to you by a licensed medical practitioner, and
      you must follow the instructions on the prescription. You must not knowingly purchase, possess, distribute, administer, or otherwise use
      any psychoactive substances (e.g., synthetic marijuana, bath salts, etc.) that impair a person's physical or mental functioning, whether
      or not intended for human consumption, except as with the prior approval of the probation officer.
3)    You must not go to, or remain at, any place where you know controlled substances are illegally sold, used, distributed, or administered
      without first obtaining the permission of the probation officer.
4)    You must participate in the Substance Abuse Intervention Program (SAIP) (or comparable program in the district of supervision) under
      the administrative supervision of the probation officer, and you must comply with the requirements and rules of the program. This
      program includes the following components: (a) testing by the probation officer or an approved vendor to detect prohibited drug or
      alcohol use; (b) substance abuse education; (c) outpatient substance abuse treatment, which may include individual or group
      counseling, provided by the probation office or an approved vendor, and/or residential treatment; (d) placement in a community
      corrections center (halfway house) for up to 270 days; and/or (e) home confinement subject to electronic monitoring for up to 180 days.
      You must contribute to the costs of participation unless the probation officer determines you do not have the ability to do so.
5)    You must participate in a mental health treatment program under the administrative supervision of the probation officer, and you must
      comply with the requirements and rules of the program. You must contribute to the cost of treatment unless the probation officer
      determines you do not have the ability to do so.
6)    You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664.
7)    You must not incur any new debts (other than normal debts for existing utilities, rental expenses, or mortgage payments), increase
      existing credit lines, or open any new lines of credit without the permission approval of the probation officer unless and until all
      court-ordered financial obligations have been paid in full. New debt includes contracts which obligate payments, credit agreements,
      and loans, including those with friends and family members.
8)    You must maintain a single checking and/or savings account in your own legal name. You must deposit all personal income and
      monetary gains into the account(s) and must pay all personal expenses from this account.
9)    You must participate in an educational services program under the administrative supervision of the probation officer, and follow the
      requirements and rules of the program. Such programs may include high school equivalency preparations, English as a Second
      Language classes, and other classes designed to improve your proficiency in skills such as reading, writing, mathematics, or computer
      use. You must contribute to the cost unless the probation officer determines you do not have the ability to do so.
10)   You must participate in a job skills or vocational training program under the administrative supervision of the probation officer, and you
      must follow the requirements and rules of the program. You must contribute to the cost of the training unless the probation officer
      determines you do not have the ability to do so.
11)   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 locations where you reside, work,
      are a student, and were convicted of a qualifying offense.
              Case 7:23-cr-00309-LSC-GMB                     Document 18   Filed 04/03/24    Page 6 of 6
AO 245 S (Rev. 1/98)(N.D.Ala. rev.) Sheet 6 - Restitution and Forfeiture


                                                                                               Judgment--Page 6 of 6
Defendant: REGINALD DEWAYNE RHODES, JR.
Case Number: 7:23-CR-309-LSC-GMB

                                              RESTITUTION AND FORFEITURE


                                                           RESTITUTION

      The court, pursuant to the Victim and Witness Restitution Act, finds that the following is a victim of
defendant's criminal conduct and has/have sustained loss in the indicated amounts and orders restitution by the
defendant as follows:

 Name & address of payee                                                                              Amount


 Small Business Administration                                                                       $11,770.00
 721 19th Street, 3rd Floor, Room 301
 Denver, CO 80202
 Re: USA v. Reginald Dewayne Rhodes, Jr., 7:23-cr-309-LSC-GMB

         Payments of restitution with interest are to be made to Clerk, U. S. District Court, for transfer to the payee.

         Restitution is due and payable immediately.

       Pursuant to 18 U.S.C. § 3664 (i), all nonfederal victims must be paid before the United States is paid. If
there are multiple payees, any payment not made directly to a payee shall be divided proportionately among the
payees named unless otherwise specified here:

Note: The victim's recovery is limited to the amount of their loss and the defendant’s liability for
restitution ceases if and when the victim receives full restitution.

       Payments made during the term of imprisonment, the term of supervision, or otherwise, do not preclude
the government from using other assets or income of the defendant to satisfy this restitution obligation.


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