FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 1 of 7

4:03CR45-01 - TORIANO ROBERTS

1

In accordance with 28 U.S.C. § 2255, Defendant’s original sentence was vacated. See docs 69 and 73. This second

amended judgment reflects the new sentencing proceeding, and replaces the first amended judgment imposed on April 19, 2004

and signed on June 13, 2005.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

-vs- Case # 4:03CR45-01

TORIANO ROBERTS

USM # 11791-017

Defendant’s Attorney:

Randolph P. Murrell (FPD)

227 N. Bronough Street, Suite 4200

Tallahassee, Florida 32301

___________________________________

SECOND AMENDED1

 JUDGMENT IN A CRIMINAL CASE

The defendant was found guilty on Count 1 of the Indictment on January 21, 2004. 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)

and 841(b)(1)(B)(ii)

Possession with Intent to

Distribute More Than 50 Grams

of a Mixture and Substance

Containing Cocaine 

June 6, 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.

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: 

February 19, 2008

s/ Stephan P. Mickle

STEPHAN P. MICKLE

UNITED STATES DISTRICT

JUDGE

March 10 , 2008

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4:03CR45-01 - TORIANO ROBERTS

IMPRISONMENT

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

imprisoned for a term of 120 months.

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

as near to Northwest Florida as deemed eligible.

The defendant was previously denied bond, and 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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4:03CR45-01 - TORIANO ROBERTS

SUPERVISED RELEASE

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

term of 8 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.

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 release from imprisonment and at least two periodic drug tests thereafter, as

determined by the court.

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 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;

7. 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;

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;

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4:03CR45-01 - TORIANO ROBERTS

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; and

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 participate in a program of mental health treatment. 

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

and personal.

7. The defendant shall cooperate with the probation department and/or the appropriate state agency

responsible for the establishment and enforcement of child support payments. Additionally, he

shall make all required child support payments.

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4:03CR45-01 - TORIANO ROBERTS

Upon a finding of a violation of probation or supervised release, I understand 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.

Defendant Date

U.S. Probation Officer/Designated Witness Date

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4:03CR45-01 - TORIANO ROBERTS

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 is due in full immediately.

No fine imposed.

No restitution imposed.

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4:03CR45-01 - TORIANO ROBERTS

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. 

DENIAL OF FEDERAL BENEFITS

FOR DRUG POSSESSORS PURSUANT TO 21 U.S.C. § 862(b) 

IT IS ORDERED that the defendant shall be: 

Ineligible for all federal benefits for a period of 10 years.

Pursuant to 21 U.S.C. § 862(d), this denial of federal benefits does not include any

retirement, welfare, Social Security, health, disability, veterans benefit, public housing, or

other similar benefit, or any other benefit for which payments or services are required for

eligibility.

The Clerk of Court is responsible for sending a copy of this page and the first page of this

Judgment to the U.S. Department of Justice at the following address:

Denial of Federal Benefits Program

U.S. Department of Justice

Bureau of Justice Assistance

810 Seventh Street, N.W.,

Washington DC 20531

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