AO 245D (Rev. 12/07) Judgment in a Criminal Case for Revocations

Sheet 1

UNITED STATES DISTRICT COURT

MIDDLE District of ALABAMA

UNITED STATES OF AMERICA Judgment in a Criminal Case

v. (For Revocation of Probation or Supervised Release)

JAMES CALVIN TALLEY Case No. 2:O6crl 69-0 14-WKW

USMNo 12132-002

Susan Graham James

THE DEFENDANT:

Defendant's Attorney

X admitted guilt to violation of condition(s) 1-6 of the Amended Petition filed 4/20/2011 of the term of supervision.

E was found in violation of condition(s) after denial of guilt.

The defendant is adjudicated guilty of these violations:

Violation Number Nature of Violation Violation Ended

1 Defendant failed to refrain from unlawful use of a controlled substance 9/14/20 10

Defendant failed to refrain from unlawful use of a controlled substance 11/15/2010

3 Defendant failed to notify probation officer within 72 hours of being 12/17/2010

arrested or questioned by a law enforcement officer

4 Defendant failed to refrain from unlawful use of a controlled substance 12/20/20 10

5 Defendant committed another federal, state or local crime 12/20/20 10

6 Defendant committed another federal, state or local crime 12/17/2010

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 not violated condition(s) and is discharged as to such violation(s) condition.

It is ordered that the defendant must noti!y 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.

Last Four Digits of Defendant's Soc. Sec. No.: 4896 May 19. 2011

Date of Im s n of Judgment

Defendant's Year of Birth: 1980

City and State of Defendant's Residence: Signature of Judge

Verbena, Alabama

W. KEITH WATKINS. CHIEF U. S. DISTRICT JUDGE

Name and Title of Judge

Date
AO 245D (Rev. 12/07) Judgment in a Criminal Case for Revocations

Sheet 2— Imprisonment

Judgment - Page 2 of 6

DEFENDANT: JAMES CALVIN TALLEY

CASE NUMBER: 2:06cr169-014-WKW

IMPRISONMENT

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

total term of:

7 Months. The term of supervised release imposed on January 30, 2008 is REVOKED.

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

The Court recommends that defendant be designated to a facility where drug treatment is available.

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. E 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:

Obefore 2 p.m. on ____________________________

o as notified by the United States Marshal.

o 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
AU 245D (Rev. 12/07) Judgment in a Criminal Case for Revocations

Sheet 3 - Supervised Release

DEFENDANT: JAMES CALVIN TALLEY

CASE NUMBER: 2:06cr169-014-WKW

Judgment—Page 3 of 6

SUPERVISED RELEASE

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

36 Months.

The defendant must 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 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.

E 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

X The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

E 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.)

0 The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

f this judgment imposes a fine or restitution, it is be a condition of supervised release that the defendant pay in accordance

with the Schedule of Payments sheet of this judgment.

The defendant must 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 sha]l 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.

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AO 245D (Rev. 2IO7) Judgment in a Criminal Case for Revocations

Sheet 3C - Supervised Release

Judgment—Page 4 of 6

DEFENDANT: JAMES CALVIN TALLEY

CASE NUMBER: 2:06cr169-014-WKW

SPECIAL CONDITIONS OF SUPERVISION

Defendant shall reside in a residential reentry center maintained or under contract to the Federal Bureau of Prisons for a term of four

months. This term shall be served within the first six months of the term of supervised release. Defendant is to surrender to the

facility at the direction of the probation officer at the completion of his term of imprisonment.

Defendant shall submit to a search of his person, residence, office or vehicle pursuant to the search policy of this court.

Defendant shall participate in a program approved by the United States Probation Office for substance abuse, which may include

testing to determine whether he has reverted to the use of drugs. Defendant shall contribute to the cost of any treatment based on

ability to pay and the availability of third-party payments.

Defendant shall provide the probation officer any requested financial information.

Defendant shall not obtain new credit without approval of the court unless in compliance with the payment schedule.
AO 245D (Rev. 12/07) Judgment in a Criminal Case for Revocations

Sheet 5 - Criminal Monetary Penalties

Judgment - Page 5 of 6

DEFENDANT: JAMES CALVIN TALLEY

CASE NUMBER: 2:06cr169-014-WKW

CRIMINAL MONETARY PENALTIES

The defendant must pay the fo'lowing total criminal monetary penalties under the schedule of payments set forth on Sheet 6.

Assessment Fine Restitution

TOTALS S 100.00 $ 5,000.00 Community (*)

(*) Balance of $3,800.00 remaining as to Restitution. Special Assessment paid in full.

The determination of restitution is deferred until ________. An Amended Judgment in a Criminal Case (AO 245C) will be

entered after such determination.

X The defendant shall make restitution (including community restitution) to the following payees in the amount listed below.

Ifthe defendant makes a partial payment, each payee shall receive an approximately proportionedpayment, unless specified otherwise

in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), afl nonfederal victims must

be paid before the United States is paid.

Name of Payee Total Loss*

Alabama Crime Victim's

Compensation Commission

ATTN: Collette Gray

P.O. Box 231267

Montgomery, AL 36123

Alabama Department of

Mental Health and

Mental Retardation

ATTN: Kathleen Brantley

P.O. Box 301410

Montgomery, AL 36130

Restitution Ordered Priority or Percentaze

$3250.00

$1750.00

TOTALS $ 0 $ $5000.00

Restitution amount ordered pursuant to plea agreement $

The defendant must pay interest on restitution or a fine more than $2,500, un!ess 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). AU of the payment options on Sheet 6 may be

subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 36l2(g).

X The court determined that the defendant does not have the ability to pay interest and it is ordered that:

X the interest requirement is waived for the fine X restitution.

E the interest requirement for the fine restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters th9A, 10, 11OA, and 1 13A of Title 18 for offenses committed on

or after September 13, 1994, but before April 23, 1996.
AU 245D (Rev. 12/07) Judgment in a Criminal Case for Revocations

Sheet 6 Schedule of Payments

Judgment - Page 6 of 6

DEFENDANT:

CASE NUMBER:

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:

A X Balance of$ $3,800.00 due immediately, balance due

LI not later than ___________________________ , or

x in accordance with LI C, LI D, LI E, or x F below); or

B LI Payment to begin immediately (may be combined with fl C, D, 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.

F x Special instructions regarding the payment of criminal monetary penalties:

Criminal monetary payments shall be made payable to the Clerk, U.S. District Court, Middle District of Alabama, P.O. Box

711, Montgomery,AL 36101.

Any balance of restitution remaining at the start of supervision shall be paid at the rate of not less than $50.00 a month to

commence 60 days after re]ease from imprisonment.

Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes imprisonment, payment of

criminal monetary penalties is 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.

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

E Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Joint and Several Amount and

corresponding payee, if appropriate.

LI 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.