Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 379

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Motion Picture Association of America v. CrystalTech Web Hosting Inc. Doc. 379 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America Plaintiff, v. No. 09-04210MP-001-PCT-MEA Dave William LaValley, Defendant DOB: 1938 SSN: 8548 Deborah Fine (AFPD) Attorney for Defendant JUDGMENT IN A CRIMINAL CASE AMENDED (Numerical term of probation (2)) THE DEFENDANT ENTERED A PLEA OF guilty on 9/4/09 to Citation FAAN030. ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE FOLLOWING OFFENSE(S): violating 36 C.F.R. 261.10, Violate any Term or Condition of a Special Use Permit , a Class B Misdemeanor offense, as charged in FAAN030. IT IS THE JUDGMENT OF THIS COURT THAT defendant is hereby placed on unsupervised probation for a term of TWO (2) YEARS. Defendant is also to pay a special assessment of $10.00 and restitution in the amount of $250.00. IT IS FURTHER ORDERED THAT Citation FAAN031 is DISMISSED upon oral motion of the United States. TOTAL CRIMINAL MONETARY PENALTIES The defendant shall pay to the clerk, U.S. District Court the following total criminal monetary penalties: SPECIAL ASSESSMENT: $10.00 FINE: N/A RESTITUTION: $250.00 The total special assessment of $10.00 shall be paid pursuant to Title 18, United States Code, Section 3013. If incarcerated, payment of criminal monetary penalties are due during imprisonment at a rate not less than $25 per quarter and payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Program. Criminal monetary payments shall be made to the Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, Space 1, Phoenix, Arizona 85003-2118. Payments should be credited to the various monetary penalties imposed by the Court in the priority established under 18 U.S.C. 3612(c). Once defendant is released from federal and state custody defendant is to make monthly restitution payments of not less than $25.00 payments per month. Until all restitutions, fines, special assessments and costs are fully paid, the defendant shall immediately notify the Clerk, U.S. District Court, of any change in name and address. The Court hereby waives the imposition of interest and penalties on any unpaid balances. Restitution shall be paid to the following victims in the following amounts: $250.00 to USDA Forest Service, c/o Jon Nelson, Coconino National Forest, 1824 S. Thompson Street, Flagstaff, AZ 86001. 09-04210MP-001-PCT-MEA USA vs. Dave William LaValley CONDITIONS OF UNSUPERVISED PROBATION 1. 2. Page 2 of 2 3. 4. 5. You shall not commit another federal, state, or local crime during the term of unsupervised probation You shall not purchase, possess, use, distribute or administer any narcotic or other controlled substance as defined in section 102 of the Controlled Substance Act (21 U.S.C. 801) or any paraphernalia related to such substances, without prescription by a licensed medical practitioner. Possession of controlled substances will result in mandatory revocation of your term of unsupervised probation. You shall be banned from recreating on federal lands, including Forest Service Lands for the term of unsupervised probation to begin on September 4, 2009. You shall pay any monetary penalties as ordered by the Court as follows: Minimum monthly payments of $10.00 to be paid in full prior to the completion of unsupervised probation. While you are placed on unsupervised probation you shall answer all inquiries by the probation office in a truthful and thorough manner and follow all instructions of the probation office. THE COURT FINDS that you have been sentenced in accordance with the terms of the plea agreement and that you have waived your right to appeal and to collaterally attack this matter. The wavier has been knowingly and voluntarily made with a factual basis and with an understanding of the consequences of the waiver. However, should you believe you still have a right to appeal this matter, you must file a written notice of appeal with the Clerk of the Court in Phoenix, Arizona within ten (10) days from the imposition of sentence. Date of Imposition of Sentence: Friday, September 4, 2009. DATED this 4th day of September, 2009.

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