FLND Form 245B (rev 12/2003) Judgment in a Criminal Case

4:02CR59-01 - IRVENS PIERRE

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1 In accordance with 18 U.S.C. § 3742(f)(1), Defendant’s original sentence was vacated. This amended judgment reflects

the sentencing proceedings upon remand, and replaces the original judgment imposed on December 13, 2003 and signed on

December 15, 2003.

 s/ Stephan P. Mickle

Stephan P. Mickle

United States District Judge

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

-vs- Case # 4:02cr59-01

IRVENS PIERRE a/k/a “Dre” USM # 11721-017

Defendant’s Attorney:

Randolph Murrell (FPD)

227 N. Bronough Street, Suite 4200

Tallahassee, Florida 32301

___________________________________

AMENDED1

 JUDGMENT IN A CRIMINAL CASE

The defendant pled guilty to Count 1 of the Indictment on March 10, 2003. Accordingly, IT IS

ORDERED that the defendant is adjudged guilty of such count which involves the following offense:

TITLE/SECTION

NUMBER

NATURE OF

OFFENSE

DATE OFFENSE

CONCLUDED COUNT

21 U.S.C. §§ 841 (a)(1),

(b)(1)(A) and 846

Conspiracy to Possess with

Intent to Distribute More Than

50 Grams of Cocaine Base

March 10, 2003 1

The defendant is sentenced as provided in the following pages of this judgment. The sentence is

imposed pursuant to the Sentencing Reform Act of 1984, including amendments effective

subsequent to 1984, and the Sentencing Guidelines promulgated by the U.S. Sentencing

Commission.

Counts 2, 3, 4 and 5 are dismissed on the motion of the United States.

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.

Date of Imposition of Sentence: 

November 20, 2006

December 20, 2006 

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FLND Form 245B (rev 12/2003) Judgment in a Criminal Case

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IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be

imprisoned for a term of sixty (60) months.

The Court recommends to the Bureau of Prisons that the defendant be designated to facility as

near to Miami, Florida as deemed eligible and that he be enrolled in a substance abuse treatment

program while incarcerated.

The defendant was previously denied bond 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 U.S. Marshal 

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FLND Form 245B (rev 12/2003) Judgment in a Criminal Case

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SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term

of 5 years.

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

released within 72 hours of release from custody of the Bureau of Prisons.

While on supervised release, the defendant shall not commit another federal, state or local

crime and shall not possess a firearm, destructive device, or any other dangerous weapon

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, as directed by

the probation officer.

STANDARD CONDITIONS OF SUPERVISION

The defendant shall comply with the following standard conditions that have been

adopted by this court.

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 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;

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 10 days prior to any change in residence or

employment, unless otherwise directed by the probation officer;

7. The defendant shall refrain from the 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;

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;

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FLND Form 245B (rev 12/2003) Judgment in a Criminal Case

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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 by the probation officer;

11. The defendant shall notify the probation officer within 72 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.

14. If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervision 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.

ADDITIONAL CONDITIONS OF SUPERVISED RELEASE

The defendant shall also comply with the following additional conditions of supervised

release

 

1. The defendant shall report in person to the probation office in the district to which he is released within

72 hours of his release from the Bureau of Prisons.

2. The defendant shall not own or possess a firearm, dangerous weapon or destructive device.

3. The defendant shall submit to testing to determine whether he is using drugs or alcohol.

4. The defendant shall participate in a program of substance abuse treatment. 

5. The defendant shall provide the probation officer with all requested financial information, business and

personal.

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FLND Form 245B (rev 12/2003) Judgment in a Criminal Case

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CRIMINAL MONETARY PENALTIES

All criminal monetary penalty payments, except those payments made through the Bureau

of Prisons’ Inmate Financial Responsibility Program, are to be made to the Clerk, U.S. District

Court, unless otherwise directed by the Court. Payments shall be made payable to the Clerk, U.S.

District Court, and mailed to 111 N. Adams St., Suite 322, Tallahassee, FL 32301-7717. Payments

can be made in the form of cash if paid in person.

The defendant shall pay the following total criminal monetary penalties in accordance with

the schedule of payments set forth in the Schedule of Payments. The defendant shall pay interest

on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the

fifteenth day after the date of judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options

in the Schedule of Payments may be subject to penalties for default and delinquency pursuant to

18 U.S.C. § 3612(g).

SUMMARY

Special

Monetary Assessment Fine Restitution

$100.00 NONE NONE

SPECIAL MONETARY ASSESSMENT

A special monetary assessment of $100.00 is imposed and due in full immediately.

No fine imposed.

No restitution imposed.

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FLND Form 245B (rev 12/2003) Judgment in a Criminal Case

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The defendant must notify the court of any material changes in the defendant’s economic

circumstances, in accordance with 18 U.S.C. §§ 3572(d), 3664(k) and 3664(n). Upon notice of a

change in the defendant’s economic condition, the Court may adjust the installment payment

schedule as the interests of justice require.

Special instructions regarding the payment of criminal monetary penalties pursuant to 18 U.S.C.

§ 3664(f)(3)(A): 

Unless the court has expressly ordered otherwise above, if this judgment imposes a period of

imprisonment, payment of criminal monetary penalties shall be due during the period of

imprisonment. In the event the entire amount of monetary penalties imposed is not paid prior to the

commencement of supervision, the U.S. probation officer shall pursue collection of the amount due.

The defendant will receive credit for all payments previously made toward any criminal monetary

penalties imposed. 

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