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United States District Court
Southern District of Indiana
UNITED STATES OF AMERICA |
JUDGMENT IN A CRIMINAL CASE |
vs. |
|
THOMAS D. POGUE |
Case Number: 1:04CR00170-001
USM Number: 07690-028
Defendant's Attorney: Jeff Baldwin |
THE DEFENDANT:
[X] pleaded guilty to count 1
[ ] pleaded nolo contendere to count(s)____ which was accepted by the court.
[ ] 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(s) |
29 USC § 501(c) |
Embezzlement of Labor Union
Money or Funds While an Officer |
10/1/2002 |
1 |
The defendant is sentenced as provided in pages 2 through 4 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) ____
[ ] Count(s)____ [ ] 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 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.
1/19/2005
Date of Imposition of Judgment
/SIGNED/_______
Signature of Judicial Officer
Honorable Sarah Evans Barker, U.S. District Court Judge
Name and Title of Judicial Officer
January 26, 2005
Date
PROBATION
The defendant is hereby sentenced to probation for a term of: 2 years.
The defendant shall not commit another federal, state or local crime.
The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain
from any unlawful use of a controlled substance. The defendant shall submit to one drug test within
15 days of placement on probation and at least two periodic drug tests thereafter.
[X] The above drug testing condition is suspended, based on the court's determination that the
defendant poses a low risk of future substance abuse. (Check, if applicable.)
[X] The defendant shall not possess a firearm, ammunition, destructive device, or any other
dangerous weapon. (Check, if applicable.)
[X] The defendant shall cooperate in the collection of DNA as directed by the probation
officer. (Check, if applicable.)
[ ] The defendant shall register with the state sex offender registration agency in the state
where the defendant resides, works, or is a student, as directed by the probation officer. (Check,
if applicable.)
[ ] The defendant shall participate in an approved program for domestic violence. (Check, if
applicable.)
If this judgment imposes a fine or restitution, it is a condition of probation that the
defendant pay in accordance with the Schedule of Payments sheet of this judgment.
The defendant shall comply with the standard conditions that have been adopted by this court
as well as with any additional conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
- 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 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 shall support his or her dependents and meet other family responsibilities;
- 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 at least ten days prior to 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 controlled substance or any paraphernalia related to any controlled
substances, except as prescribed by a physician;
- the defendant shall not frequent places where controlled substances are illegally sold, used,
distributed, or administered;
- the defendant shall not associate with any persons engaged in criminal activity and shall not
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 or her at any time at home or
elsewhere and shall permit confiscation of any contraband observed in plain view of the probation
officer;
- the defendant shall notify the probation officer within seventy-two hours of being arrested or
questioned by a law enforcement officer;
- the defendant shall not enter into any agreement to act as an informer or a special agent of a
law enforcement agency without the permission of the court, and
- as directed by the probation officer, the defendant shall notify third parties of risks that may
be occasioned by the defendant's criminal record or personal history or characteristics and shall
permit the probation officer to make such notifications and to confirm the defendant s compliance with
such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
- The defendant shall provide the probation officer access to any requested financial information.
- The defendant shall not incur new credit charges or open additional lines of credit without the
approval of the probation officer.
- The defendant shall perform 100 hours of community service as directed by the probation officer.
Upon a finding of a violation of probation or supervised release, I
understand that the court may (1) revoke supervision, (2) extend the term of supervision, and/or (3)
modify the conditions of supervision.
These conditions have been read to me. I fully understand the conditions
and have been provided a copy of them.
(Signed)
______________
Defendant
______________
Date
____________________
U.S. Probation Officer/
Designated Witness
____________________
Date
CRIMINAL MONETARY PENALTIES
The defendant shall pay the total criminal monetary penalties under the schedule of payments
on Sheet 6.
|
Assessment |
Fine |
Restitution |
TOTALS |
$100.00 |
$ |
$ |
[ ] 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.
Name of Payee |
Total Loss * |
Restitution Ordered |
Priority or Percentage |
TOTALS |
$_______ |
$_______ |
|
[ ] Restitution amount ordered pursuant to plea agreement $____
The defendant shall 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:
* 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:
A. [ ] Lump sum payment of $____ due immediately, balance due
[ ] not later than ____ ,or
[ ] in accordance with [ ] C, [ ] D, [ ] E, or [ ] F below; or
B. [X] Payment to begin immediately (may be combined with [ ] C, [ ] D, [ ] E, 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. [ ] 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. [ ] 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:
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of
criminal monetary penalties is due during 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.
[ ] Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint
and Several Amount, and corresponding payee, 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) fine principal (5) fine interest, (6) community restitution, (7) penalties,
and (8) costs, including cost of prosecution and court costs.
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