AO 245B (Rev. 09/08) Sheet 1 - Judgment in a Criminal Case

United States District Court

Southern District of Ohio at Columbus

UNITED STATES OF AMERICA

v.

KYLE M. IRVIN

JUDGMENT IN A CRIMINAL CASE

Case Number: 2:13- CR-289(8)

USM Number: 46667-424

LYDIA E. SPRAGIN

Defendant’s Attorney

THE DEFENDANT:

[U] pleaded guilty to count(s): 1 OF THE SECOND SUPERSEDING INDICTMENT.

[ ] pleaded nolo contendere to counts(s) which was accepted by the court.

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

The defendant is adjudicated guilty of these offense(s):

Title & Section Nature of Offense Offense Ended Count

21:841(A)(1) AND 841(B)(1)(C) Conspiracy to Possess with Intent to Distribute 12/20/13 One

 21:846 Heroin

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 counts(s) .

[U] Count(s) 2 of Second Superseding Indictment of the Indictment (is)(are) dismissed on the motion of the United

States.

IT IS ORDERED that the defendant must 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 must notify the court and the United States Attorney of

material changes in the defendant’s economic circumstances.

April 15, 2015

Date of Imposition of Judgment

s/George C. Smith

Signature of Judicial Officer

GEORGE C. SMITH, United States Senior District Judge

Name & Title of Judicial Officer

April 15, 2015

Date

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AO 245B (Rev. 09/08) Sheet 2 - Imprisonment 

CASE NUMBER: 2:13- CR-289(8) Judgment - Page 2 of 6 

DEFENDANT: KYLE M. IRVIN

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 .

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

[U] 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 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 2:00 p.m. on .

[ ] as notified by the United States Marshal but no sooner than 

[ ] 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 U.S. Marshal 

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AO 245B (Rev. 09/11) Sheet 3 - Supervised Release

CASE NUMBER: 2:13- CR-289(8) Judgment - Page 3 of 6 

DEFENDANT: KYLE M. IRVIN

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 YEARS .

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.

[ ] 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.)

[U] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if

applicable.)

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

[ ] 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.)

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

If this judgment imposes a fine or restitution, it is 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

1) the defendant shall not leave the judicial district without permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;;

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 dependants 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 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;

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; 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.

SPECIAL CONDITIONS OF SUPERVISED RELEASE

1. The Defendant shall participate in the Home Detention component of the location monitoring program for a period of 6 months. 

The Defendant shall be required to remain in his residence unless given permission in advance by the probation officer for

approved activities. He shall be monitored by the use of location monitoring technology at the discretion of the probation officer. 

The Defendant shall abide by all the requirements established by the probation office related to the use of this location monitoring

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AO 245B (Rev. 09/11) Sheet 3 - Supervised Release

CASE NUMBER: 2:13- CR-289(8) Judgment - Page 4 of 6 

DEFENDANT: KYLE M. IRVIN

technology. The Defendant shall pay all or part of the costs of location monitoring based on his ability to pay as determined by

the probation officer. 

2. The Defendant shall participate in substance abuse testing and treatment as directed by the probation officer. The Defendant will

make a co-payment for treatment services not to exceed $25 per month, which is determined by his ability to pay. 

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AO 245B (Rev. 09/08) Sheet 5 - Criminal Monetary Penalties

CASE NUMBER: 2:13- CR-289(8) Judgment - Page 5 of 6 

DEFENDANT: KYLE M. IRVIN

CRIMINAL MONETARY PENALTIES

 The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.

Assessment Fine Restitution

Totals: $ 100.00 (PAID) $ $ 

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

entered after such determination.

[ ] The defendant must make restitution (including community restitution) to the following payees in the amounts listed

below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment unless

specified otherwise in the priority order of percentage payment column below. However, pursuant to 18 U.S.C. §

3664(i), all nonfederal victims must be paid before the United States is paid.

*Total

Name of Payee Loss Restitution Ordered Priority or Percentage

TOTALS: $ $ 

[ ] Restitution amount ordered pursuant to plea agreement $ 

[] The defendant must pay interest on restitution and a fine of more than $2500, unless the restitution or fine 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 on

Sheet 6 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 [] restitution.

[ ] The interest requirement for the [] fine [] restitution is modified as follows:

 * Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after

September 13, 1994 but before April 23, 1996.

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AO 245B (Rev. 09/08) Sheet 6 - Criminal Monetary Penalties

CASE NUMBER: 2:13- CR-289(8) Judgment - Page 6 of 6 

DEFENDANT: KYLE M. IRVIN

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:

A [U] Lump sum payment of $ $100.00 due immediately.

[ ] not later than or

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

B [ ] Payment to begin immediately (may be combined with [ ] C [ ] D, or [ ] F below); or

C [ ] Payment in equal installments of $ over a period of , to commence days after the date of this judgment; or

D [ ] Payment in equal installments of $ over a period of , to commence 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 at

that time; or

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

[ ] If the defendant, while incarcerated, is working in a non-UNICOR or grade 5 UNICOR job, the defendant shall

pay $25.00 per quarter toward defendant's monetary obligation. If working in a grade 1-4 UNICOR job, defendant

shall pay 50% of defendant's monthly pay toward defendant's monetary obligation. Any change in this schedule

shall be made only by order of this Court.

[ ] After the defendant is released from imprisonment, and within 30 days of the commencement of the term of

supervised release, the probation officer shall recommend a revised payment schedule to the Court to satisfy

any unpaid balance of the monetary penalty. The Court will enter an order establishing a schedule of payments.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary

penalties is due during imprisonment. All criminal 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.

[ ] Joint and Several (Defendant and Co-Defendant names and Case Numbers, Total Amount, Joint and Several Amount and corresponding

payee, if appropriate.):

[ ] 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.

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