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UNITED STATES DISTRICT COURT
Central District Of Illinois

UNITED STATES OF AMERICA

AMENDED JUDGMENT IN A CRIMINAL CASE

V.

(For Offenses committed On or About November 1,1987)

MICHELE K. HEARN

Case Number: 02-40142
George Taseff
Defendant’s Attorney

THE DEFENDANT:

[X]pleaded guilty to count(s): one (1)

[ ] pleaded no lo contendere to count(s) __________________ which was accepted by the court

[ ] was found guilty on counts (s) ________________________ after a plea of not guilty.

 

Accordingly, the court has adjudicated that the defendant is guilty of the following offense(s):

Title & Section

Nature of Offense

Date Offense Concluded

Count Number(s)

29 U.S.C. §501(c)

Embezzlement of Union Funds

Feb. 2000

1

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.

[ ] 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 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. If ordered to pay restitution, the defendant shall notify the court and United States attorney of any materiall change in the defendant’s a economic circumstances.

Defendant’s Soc. Sec. No. XXX-XX-XXXX

April 8, 2003

Defendant’s Date of Birth: XX/XX/XX

/SIGNED/

Defendant’s USM No: XXXXX-XXX

Signature of Judicial Officer

Defendant’s Residence Address:

Michael M. Mihm
U.S. District Judge

4/21/03

Date

Defendant’s Mailing Address:

 

/SIGNED/

DEPUTY CLERK
U.S. DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS

DATE: 4/21/03

DEFENDANT: Michelle Hearn

CASE NUMBER: 02-40142

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of time served.

[X] The court makes the following recommendations to the Bureau of Prisons:

  1. Defendant be placed at Mercer County Jail so as not to interrupt her medical care. 2. Defendant receive maximum exposure to drug treatment counseling. 3. Defendant received maximum exposure to vocational and or educational training opportunities that are available. 4. If the Mercer County Jail is not designated,, defendant be placed in a facility as close to her family in Moline, IL as possible.

[X] The defendant is remanded to the custody of the United States Marshal.

[ ] The defendant shall surrender to the United States Marshal for this district:

[ ] at ______________ [ ] a.m. [ ] p.m. on ________________

[ ] as notified by the United States Marshal.

[ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons;

[ ] before on ________________________

[ ] 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 __________________

at _____________________________________ , with a certified copy of this judgment.

UNITED STATES MARSHAL

By ___________________________

DEPUTY UNITED STATES MARSHAL

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of three (3) years.

The defendant shall report to the probation office in the district to which the defendant 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.

The defendant shall not illegally possess a controlled substance.

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 two periodic drug tests thereafter.

[ ] The above drug testing condition is suspended, based on the court’s determination that the defendant poses slow risk of future substance abuse.

[X] The defendant shall not possess a firearm, destructive device, or any other dangerous weapon.

If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release 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 defend ant shall also comply with the additional conditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION

  1. the defendant shall not leave the judicial district without the permission of the court or probation officer;
  2. the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each mouth;
  3. the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
  4. the defendant shall support his or her dependents and meet other family responsibilities;
  5. the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;
  6. the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
  7. the defendant shall refrain from any 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;
  8. the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
  9. 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;
  10. 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;
  11. the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
  12. 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;
  13. 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

  1. You shall serve four months in home detention to commence immediately upon you release from imprisonment and shall not leave your residence unless prior approval is obtained from the probation office. You shall sign the Rule of Home Detention, to include participation in the electronic monitoring program, and shall abide by the restrictions and regulations set out therein as established by the probation office. 2. You shall not incur any new debts or open any additional lines of credit without prior approval of the probation officer. 3. You shall provide the probation officer access to any requests financial information including both your business and personal income tax returns. 4. You shall participate in financial counseling at the direction of the probation officer. 5. You shall refrain from any use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician. You shall, at the direction of the probation office, participate in a program for substance abuse treatment including testing to determine whether you have used controlled substances and/or alcohol. You shall pay for these services as directed by the probation officer. 6. You shall not own, purchase, or possess a firearm, ammunition, or other dangerous weapon. 7. You shall participate in a program of mental health counseling/treatment as directed by the probation officer and shall take any and all proscribed medications as directed by the treatment providers. You shall pay for these services as directed, by the probation officers

CRIMINAL MONETARY PENALTIES

The defendant shall pay the following total criminal monetary penalties in accordance wit the schedule of payments s forth on Sheet 5, Part B.

 

Assessment

Fine

Restitution

TOTALS

$ 100.00

$

$5,635.92

[ ] The determination of restitution is deferred until _______. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.

[ ] The defendant shall 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 in full prior to the United Stares receiving payment

Name of Payee

*Total Amount of loss

Amount of Restitution Ordered

Priority Order or Percentage of Payment

Hartford Fidelity
Bonding Co.

$8,613.83

$8,613.83

 

National Union
Fire insurance Cc

$7,022.09

$7,022.09

 

TOTALS

$ 15,635.92

$15635.92

 

[ ] If applicable, the restitution amount ordered pursuant to plea agreement $____________.

[ ] The defendant shall pay interest on any fine or restitution of more tan $2,500, unless the fine or restitution 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 5, Part B 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 and/or □ restitution.

[ ] the interest requirement for the □ fine and/or □ restitution is modified as follows:

* Findings r the total amount of losses are required under Chapters 109A, 110, 11OA, 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 defendant’s ability to pay, payment of the total criminal monetary penalties shall be due as follows;

  1. [X] Lump sum payment of $15,735.92 due immediately, balance due

    [ ] not later than _________________________ ,or

    [ ] in accordance with [ ] C, [ ] D, or [ ] E below; or

  2. [ ] Payment to begin immediately (may be combined with [ ] C, [ ] D, [ ] E below; or

  3. [ ] Payments in ___________ (e.g., equal, weekly, monthly, quarterly) installments of $ ____________over a period of ____________ (e.g., months or years), to commence ___________ (eg., 30 or 60 days) after the date of this judgment; or

  4. [ ] Payment in ___________ (e.g. equal, weekly, monthly, quarterly) installments of $ _____________over a period of ____________ (e.g., months or years), to commence ___________ (eg., 30 or 60 days) after release from imprisonment to a term of supervision; or

  5. [ ] Special instructions regarding the payment of criminal monetary penalties:

Unless the court has expressly ordered otherwise in the special instruction above, 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, unless otherwise directed by the court, the probation officer or the United Stats attorney.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

[ ] Joint and Several Defendant Name, Case Number, and Joint and Several Amount:

[ ] 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) community restitution, (6) fine interest (7) penalties, and (8) costs, including cost of prosecution and court costs.

 



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