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United States District Court
District of Oregon
UNITED STATES OF AMERICA |
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987) |
vs. |
|
JOY TORRANCE |
Case Number: CR 04-311-MO
Defendant's Attorney: Christopher Schatz |
THE DEFENDANT:
[X] pleaded guilty to the one count indictment
Accordingly, the court has adjudicated that the defendant is guilty of the following offense(s):
Title & Section |
Nature of Offense |
Date Offense
Concluded |
Count No. |
29:501(c) |
Embezzlement of labor
union funds |
8/1/98-10/31/03 |
1 |
The defendant is sentenced as provided in pages 2 through ___ of this
judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[X] Defendant shall pay a special assessment in the amount of $100.00 payable immediately to the
Clerk, U.S. District Court, Portland, Oregon.
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 defendant must notify the court and United States Attorney of material changes in
economic circumstances.
Date of Imposition of Judgment February 7, 2005
/SIGNED/_______
Signature of Judicial Officer
Michael W. Mosman
U.S. District Court Judge
Date: February 9, 2005
PROBATION
The defendant is hereby sentenced to probation for a term of: 5 years.
For offenses committed on or after September 13, 1994:
The defendant shall refrain from any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 15 days of release from imprisonment
and at least two periodic drug tests thereafter.
___ The above drug testing condition is suspended, based on the court's
determination that the defendant poses a low risk of future substance abuse.
If this judgment imposes a fine or a restitution obligation, it shall
be a condition of probation that the defendant pay any such fine or restitution in accordance with
the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment.
The defendant shall comply with the standard conditions that have been
adopted by this court (set forth below). The defendant shall also comply with any additional
conditions attached to this judgment.
SPECIAL CONDITIONS OF SUPERVISION UNDER PROBATION
- Defendant shall pay full restitution to the victim identified in the presentence report in the
amount of $31,640.02. It shall be paid at the maximum installment possible and not less than $25 per
month. Said payment shall be increased as defendant's ability to pay is increased.
- Defendant is prohibited from incurring new credit charges or opening additional lines of credit
without the approval of the probation officer.
- Defendant shall authorize release to the probation officer any and all financial information by
execution of a release of financial information form, or by any other appropriate means, as directed by
the probation officer.
- Defendant's employment shall be subject to approval by the probation officer. Defendant shall not
be employed in any establishment primarily serving alcohol, unless approved by the probation officer.
If probation officer requires her to change her current employment, she shall be allowed three months
transition.
- Defendant shall disclose all assets and liabilities to the probation officer. Defendant shall not
transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500
without approval of the probation officer.
- Defendant shall not make application for any loan, enter into any credit arrangement, or enter
into any residential or business lease agreement without approval of the probation officer.
- Defendant shall participate in a mental health treatment program approved by the probation
officer.
- As directed by the probation officer, defendant shall take psychotropic medication, if medically
approved, for the treatment of a mental or emotional disorder.
- Defendant shall not consume alcohol.
- Defendant shall cooperate in the collection of DNA as directed by the probation officer, if
required by law.
- Defendant shall perform 100 hours of volunteer community service work at the direction of the
probation officer.
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
The Judges of the District of Oregon adopt the following standard conditions of probation and
supervised release to apply in every case in which probation and/or supervised release is imposed upon
a defendant. The individual judge may impose other conditions deemed advisable in individual cases of
probation or supervised release supervision, as consistent with existing or future law.
- The defendant shall report in person to the probation office for the district to which he or she
is released within 72 hours of release from the custody of the Bureau of Prisons.
- The defendant shall not commit another federal, state or local crime and shall not illegally
possess a controlled substance. Revocation of probation or supervised release is mandatory for illegal
possession of a controlled substance.
- The defendant shall not possess a firearm, destructive, or dangerous device.
- If the defendant illegally uses drugs or abuses alcohol, has a history of drug or alcohol abuse,
or drug use or possession is determined to be an element of the defendants criminal history or instant
offense, the defendant shall participate in a substance abuse treatment program as directed by the
probation officer which may include urinalysis testing to determine if the defendant has used drugs or
alcohol.
- The defendant shall submit to a search of his/her person, residence, office or vehicle, when
conducted by a United States Probation Officer at a reasonable time and in a reasonable manner, based
upon reasonable suspicion of contraband or evidence of a violation of a condition of supervision.
Failure to submit to a search may be grounds for revocation. The defendant shall warn any other
residents that the premises may be subject to searches pursuant to this condition.
- The defendant shall not leave the judicial district without the permission of the court or
probation officer.
- The defendant shall report to the probation officer as directed by the court or probation
officer, and shall submit a truthful and complete written report within the first five days of each
month.
- The defendant shall answer truthfully all inquiries by the probation officer and follow the
instructions of the probation officer. The defendant may decline to answer inquiries if a truthful
response would tend to incriminate him/her. Such a refusal to answer may constitute grounds for
revocation.
- The defendant shall support his/her dependents and meet other family responsibilities to the
best of his or her financial ability.
- The defendant shall work regularly at a lawful occupation unless excused by the probation
officer for schooling, training, or other acceptable reasons.
- The defendant shall notify the probation officer within 72 hours of any change in residence or
employment.
- The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use,
distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to
such substances, except as prescribed by a physician. If at any time, the probation officer has
reasonable cause to believe the defendant is using illegal drugs or is abusing alcohol, the defendant
shall submit to urinalysis testing, breathalyzer testing, or reasonable examination of the arms, neck,
face, and lower legs.
- The defendant shall not knowingly frequent places where controlled substances are illegally
sold, used, distributed, or administered.
- The defendant shall not knowingly associate with any persons engaged in criminal activity, and
shall not knowingly associate with any person convicted of a felony unless granted permission to do so
by the probation officer.
- The defendant shall permit a probation officer to visit him/her at any reasonable time at home
or elsewhere, and shall permit confiscation of any contraband observed in plain view by the probation
officer.
- The defendant shall notify the probation officer within 72 hours of being arrested or questioned
by a law enforcement officer.
- The defendant shall not enter into any agreement to act as an informant or special agent of a
law enforcement agency without the permission of the court.
- As directed by the probation officer, the defendant shall notify third parties of risks that may
be occasioned by his or her criminal record or personal history and characteristics, and shall permit
the probation officer to make such notifications and to confirm the defendants compliance with such a
notification requirement. This requirement will be exercised only when the probation officer believes
a reasonably foreseeable risk exists or a law mandates such notice. Unless the probation officer
believes the defendant presents an immediate threat to the safety of an identifiable individual, notice
shall be delayed so the probation officer can arrange for a court hearing and the defendant can obtain
legal counsel.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the
schedule of payments set forth in this judgment.
Fine |
Restitution |
TOTAL |
$-0- |
$31,640.02 |
$31,640.02 |
[ ] The determination of restitution is deferred until ____. An Amended Judgment In a Criminal
Case (AO 245C) will be entered after such determination.
[X] 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.
Name of Payee |
Restitution Ordered |
United Brotherhood of Carpenters
and Joiners, Local 1094,
340 SW Second St., PO Box 307,
Corvallis, OR 97339 |
$31,640.02
|
Totals |
$31,640.02
|
[X] The court determined that the defendant does not have the ability to pay interest, and it is
ordered that:
[X] The interest requirement is waived for the restitution.
* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of
Title 18 United States Code, for offenses committed on or after September 13, 1994 but before April 23,
1996.
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay, payment of the total criminal monetary penalties
shall be due as follows:
[X] Payment in monthly installments of not less than $ 25.00 to commence immediately on the date of
this judgment. Said payment shall be increased as defendant's ability to pay is increased, as determined
by the probation officer.
Unless the court has expressly ordered otherwise in the special instructions above, if this judgment
imposes a period of imprisonment, payment of criminal monetary penalties shall be 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 at the address
below, unless otherwise directed by the court, the probation officer, or the United States attorney.
Clerk, US District Court
1000 S.W. Third Avenue
Suite 740
Portland, OR 97204-2902
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