U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

RECEIVED 

DEC 2 6 2013 

HEARING DOCKET 

vs. 

Docket No. FAA-2013-0716 

FAA Case No. 2012S0150128 

TYLER PENNYWITT., 

Respondent. Judge Sullivan 

SUPPLEMENTAL SUBMISSION 

Pursuant to discussions during the December 12,2013, scheduling conference, there FAA 

hereby submits the attached documents concerning Respondent's criminal conviction that arose 

out of the same incident at issue in this civil litigation. Those documents are: 

Respondent's Plea Agreement, including Personalization of Elements and Factual Basis 

Report and Recommendation Concerning Plea of Guilty 

Clerk's Minutes for sentencing hearing 

Judgment in a Criminal Case, convicting respondent of one count of Aiming the Beam of 

a Laser Pointer at an Aircraft of the Special Aircraft Jurisdiction of the United States, in 

violation of 18 U.S.C. § 39A 

"{J "' Submitted this l day of December, 2013, 

Chris ~-- Stevenson 

Attorney 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Supplemental Submission has been sent this date by 

the following methods: 

original and one copy via certified mail: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Washington, D.C. 20591 

one copy via certified mail: . 

Tyler Pennywitt 

4483 Hanover Park Drive 

Jacksonville, FL 32224 

one copy via certified mail: 

Honorable Judge J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El1-310) 

Washington, DC 20590 

fax: (202) 366-2131 

DONNA 

WOtV\VD 

STANL ~ Y 

Legal Assistant 

Office of the Regional Counsel 

DEC 1 9 2013 

Dated 
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 1 of 14 PageiD 57 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

JACKSONVILLE DIVISION 

UNITED STATES OF AMERICA 

fiLED IN OPEN COURT 

~- n ~ ,g 

CLERK U.S. 0\STRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

JACKSONVIllE, FLORIDA 

v. CASE NO. 3:12-cr-172-J-32MCR 

JOHN TYLER PENNYWITT 

PLEA AGREEMENT 

Pursuant to Fed. R. Crim. P. 11(c), the United States of America, by 

Robert E. O'Neill, United States Attorney for the Middle District of Florida, and 

the defendant, JOHN TYLER PENNYWITT, and the attorney for the defendant, 

Mitchell A. Stone, Esq., mutually agree as follows: 

A. Particularized Terms 

1. Count(s) Pleading To 

The defendant shall enter a plea of guilty to Count Two of the 

Indictment. Count ~harges the defendant with aiming the beam of a laser 

pointer at an aircraft in the special aircraft jurisdiction of the United States as that 

term is defined in Title 49, United States Code, section 46501, in violation of 18 

U.S.C. § 39A. 

Defendanfs Initials c:TJ-'P AF Approva@__ 
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2. Maxjmum Penalties __ 

... ' 

Count~fcarries a maximum sentence of 5 years im~risonment, 

a fine of $250,000, a term of supervised release of not more than 3 years, and a 

special assessment of $100, said special assessment to be due on the date of 

sentencing. With respect to certain offenses, the Court shall order the defendant 

to make restitution to any victim of the offense(s), and with respect to other 

offenses, the Court may order the defendant to make restitution to any victim of 

the offense(s), or to the community, as set forth below. 

3. Elements of the Offense(s) 

The defendant acknowledges understanding the nature and 

elements of the offense(s) with which defendant has been charged and to which 

defendant is pleading guilty. The elements of Count~ are: 

First: 

Second: 

Third: 

The defendant aimed the beam of a laser 

pointer at an aircraft; 

The aircraft was in the special jurisdiction of the 

United States, and 

The defendant aimed the beam knowingly. 

4. Counts Dismissed 

::;'- At the time of sentencing, the remaining count against the 

01\ .. 

defendant, Count ':!iw&, will be dismissed pursuant to Fed. R. Crim. P. 

f'-IJIM 

11 (c)(1 )(A). 

Defendant's Initials 4/)f' 2 
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5. No Further Charges 

If the Court accepts this plea agreement, the United States 

Attorney's Office for the Middle District of Florida agrees not to charge defendant 

with committing any other federal criminal offenses known to the United States 

Attorney's Office at the time of the execution of this agreement, or related to the 

conduct giving rise to this plea agreement. 

6. Guidelines Sentence 

Pursuant to Fed. R. Grim. P. 11(c)(1)(B), the United States will 

recommend to the Court that the defendant be sentenced within the defendant's 

applicable guidelines range as determined by the Court pursuant to the United 

States Sentencing Guidelines, as adjusted by any departure the United States 

has agreed to recommend in this plea agreement. The United States would also 

recommend that USSG §2A5.2(a)(4) applies and the base offense level should 

begin at a level 9. The parties understand that such a recommendation is not 

binding on the Court and that, if it is not accepted by this Court, neither the 

United States nor the defendant will be allowed to withdraw from the plea 

agreement, and the defendant will not be allowed to withdraw from the plea of 

guilty. 

7. Acceptance of ResponsibilitY- Two Levels 

At the time of sentencing, and in the event that no adverse 

information is received suggesting such a recommendation to be unwarranted, 

Defendant's Initials c:( rj/! 3. 
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the United States will to the Court that the defendant receive a two-level 

downward adjustment for acceptance of responsibility, pursuant to USSG 

§3E1.1 (a). The defendant understands that this recommendation or request is 

not binding on the Court, and if not accepted by the Court, the defendant will not 

be allowed to withdraw from the plea. 

8. Use of Information- Section 181.8 

Pursuant to USSG §1 B1.8(a), the United States agrees that no 

self-incriminating information which the defendant may provide during the course 

of defendant's cooperation and pursuant to this agreement shall be used in 

determining the applicable sentencing guideline range, subject to the restrictions 

and limitations set forth in USSG §1 B1.8(b). 

B. Standard Terms and Conditions 

1. Restitution, Special Assessment and Fine 

The defendant understands and agrees that the Court, in addition 

to or in lieu of any other penalty, shall order the defendant to make restitution to 

any victim of the offense(s), pursuant to 18 U.S.C. § 3663A, for all offenses 

described in 18 U.S.C. § 3663A(c)(1) (limited to offenses committed on or after 

April 24, 1996); and the Court may order the defendant to make restitution to any 

victim of the offense(s), pursuant to 18 U.S.C. § 3663 (limited to offenses 

committed on or after November 1, 1987), including restitution as to all counts 

charged, whether or not the defendant enters a plea of guilty to such counts, and 

Defendant's Initials ~ 4 
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 5 of 14 PageiD 61 

whether or not such counts are dismissed pursuant to this agreement. The 

defendant further understands that compliance with any restitution payment plan 

imposed by the Court in no way precludes the United States from simultaneously 

pursuing other statutory remedies for collecting restitution (18 U.S.C. § 

3003(b)(2)), including, but not limited to, garnishment and execution, pursuant to 

the Mandatory Victims Restitution Act, in order to ensure that the defendant's 

restitution obligation is satisfied. 

On each count to which a plea of guilty is entered, the Court shall impose 

a special assessment pursuant to 18 U.S.C. § 3013. To ensure that this 

obligation is satisfied, the Defendant agrees to deliver a check or money order to 

the Clerk of the Court in the amount of$, payable to "Clerk, U.S. District Court'' 

within ten days of the change of plea hearing. 

The defendant understands that this agreement imposes no limitation as 

to fine. 

2. Supervised Release 

The defendant understands that the offense(s) to which the 

defendant is pleading provide(s) for imposition of a term of supervised release 

upon release from imprisonment, and that, if the defendant should violate the 

conditions of release, the defendant would be subject to a further term of 

imprisonment. 

Defendant's Initials~ 5 
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 6 of 14 PageiD 62 

3. Sentencing Information 

The United States reserves its right and obligation to report to the 

Court and the United States Probation Office all information concerning the 

background, character, and conduct of the defendant, to provide relevant factual 

information, including the totality of the defendant's criminal activities, if any, not 

limited to the count(s) to which defendant pleads, to respond to comments made 

by the defendant or defendant's counsel, and to correct any misstatements or 

inaccuracies. The United States further reserves its right to make any 

recommendations it deems appropriate regarding the disposition of this case, 

subject to any limitations set forth herein, if any. 

4. Financial Disclosures 

Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Crim. P. 

32(d)(2)(A)(ii), the defendant agrees to complete and submit to the United States 

Attorney's Office within 30 days of execution of this agreement an affidavit 

reflecting the defendant's financial condition. The defendant promises that 

his/her financial statement and disclosures will be complete, accurate and 

truthful and will include all assets in which he/she has any interest or over which 

the defendant exercises control, directly or indirectly, including those held by a 

spouse, dependent, nominee or other third party. The defendant further agrees 

to execute any documents requested by the United States needed to obtain from 

any third parties any records of assets owned by the defendant, directly or 

Defendant's Initials~ 6 
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 7 of 14 PageiD 63 

through a nominee, and, by the execution of this Plea Agreement, consents to 

the release of the defendant's tax returns for the previous five years. The 

defendant similarly agrees and authorizes the United States Attorney's Office to 

provide to, and obtain from, the United States Probation Office, the financial 

affidavit, any of the defendant's federal, state, and local tax returns, bank records 

and any other financial information concerning the defendant, for the purpose of 

making any recommendations to the Court and for collecting any assessments, 

fines, restitution, or forfeiture ordered by the Court. The defendant expressly 

authorizes the United States Attorney's Office to obtain current credit reports in 

order to evaluate the defendant's ability to satisfy any financial obligation 

imposed by the Court. 

5. Sentencing Recommendations 

It is understood by the parties that the Court is neither a party to 

nor bound by this agreement. The Court may accept or reject the agreement, or 

defer a decision until it has had an opportunity to consider the presentence 

report prepared by the United States Probation Office. The defendant 

understands and acknowledges that, although the parties are permitted to make 

recommendations and present arguments to the Court, the sentence will be 

determined solely by the Court, with the assistance of the United States 

Probation Office. Defendant further understands and acknowledges that any 

discussions between defendant or defendant's attorney and the attorney or other 

Defendant's Initials~ 7 
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 8 of 14 PageiD 64 

agents for the government regarding any recommendations by the government 

are not binding on the Court and that, should any recommendations be rejected, 

defendant will not be permitted to withdraw defendant's plea pursuant to this plea 

agreement. The government expressly reserves the right to support and defend 

any decision that the Court may make with regard to the defendant's sentence, 

whether or not such decision is consistent with the government's 

recommendations contained herein. 

6. Defendant's Waiver of Rjght to Appeal the Sentence 

The defendant agrees that this Court has jurisdiction and authority 

to impose any sentence up to the statutory maximum and expressly waives the 

right to appeal defendant's sentence on any ground, including the ground that 

the Court erred in determining the applicable guidelines range pursuant to the 

United States Sentencing Guidelines, except (a) the ground that the sentence 

exceeds the defendant's applicable guidelines range as determined by the Court 

pursuant to the United States Sentencing Guidelines; (b) the ground that the 

sentence exceeds the statutory maximum penalty; or (c) the ground that the 

sentence violates the Eighth Amendment to the Constitution; provided, however, 

that if the government exercises its right to appeal the sentence imposed, as 

authorized by 18 U.S. C.§ 3742(b), then the defendant is released from his 

waiver and may appeal the sentence as authorized by 18 U.S.C. § 3742(a). 

Defendant's Initials qj)f__ 8 
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17113 Page 9 of 14 PageiD 65 

7. Middle District of Florida Agreement 

It is further understood that this agreement is limited to the Office of 

the United States Attorney for the Middle District of Florida and cannot bind other 

federal, state, or local prosecuting authorities, although this office will bring 

defendant's cooperation, if any, to the attention of other prosecuting officers or 

others, if requested. 

8. Filing of Agreement 

This agreement shall be presented to the Court, in open court or in 

camera, in whole or in part, upon a showing of good cause, and filed in this 

cause, at the time of defendant's entry of a plea of guilty pursuant hereto. 

9. Voluntariness 

The defendant acknowledges that defendant is entering into this 

agreement and is pleading guilty freely and voluntarily without reliance upon any 

discussions between the attorney for the government and the defendant and 

defendant's attorney and without promise of benefit of any kind (other than the 

concessions contained herein), and without threats, force, intimidation, or 

coercion of any kind. The defendant further acknowledges defendant's 

understanding of the nature of the offense or offenses to which defendant is 

pleading guilty and the elements thereof, including the penalties provided by law, 

and defendant's complete satisfaction with the representation and advice 

received from defendant's undersigned counsel (if any). The defendant also 

Defendant's Initials~ 9 
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 10 of 14 PageiD 66 

understands that defendant has the right to plead not guilty or to persist in that 

plea if it has already been made, and that defendant has the right to be tried by a 

jury with the assistance of counsel, the right to confront and cross-examine the 

witnesses against defendant, the right against compulsory self-incrimination, and 

the right to compulsory process for the attendance of witnesses to testify in 

defendant's defense; but, by pleading guilty, defendant waives or gives up those 

rights and there will be no trial. The defendant further understands that if 

defendant pleads guilty, the Court may ask defendant questions about the 

offense or offenses to which defendant pleaded, and if defendant answers those 

questions under oath, on the record, and in the presence of counsel (if any), 

defendant's answers may later be used against defendant in a prosecution for 

pe~ury or false statement. The defendant also understands that defendant will 

be adjudicated guilty of the offenses to which defendant has pleaded and, if any 

of such offenses are felonies, may thereby be deprived of certain rights, such as 

the right to vote, to hold public office, to serve on a jury, or to have possession of 

firearms. 

10. Factual Basis 

Defendant is pleading guilty because defendant is in fact guilty. 

The defendant certifies that defendant does hereby admit that the facts set forth 

in the attached "Factual Basis," which is incorporated herein by reference, are 

Defendanrs Initials !lJJ/)__ 10 
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04117/13 Page 11 of 14 PageiD 67 

true, and were this case to go to trial, the United States would be able to prove 

those specific facts and others beyond a reasonable doubt. 

11. Entire Agreement 

This plea agreement constitutes the entire agreement between the 

government and the defendant with respect to the aforementioned guilty plea 

and no other promises, agreements, or representations exist or have been made 

to the defendant or defendant's attorney with regard to such guilty plea. 

12. Certification 

The defendant and defendant's counsel certify that this plea 

agreement has been read in its entirety by (or has been read to) the defendant 

and that defendant fully understands its terms. 

DATED this 17 day of April, 2013. 

~ab-~ JOHNiYttR PENN~ Defendant 

~ Attorney for Defendant 

Defendant's Initials~ 11 

ROBERT E. O'NEILL 

Unite es Attorney 

, • .,..,......,.HEAVENER, Ill 

Assistant United States Attorney 

Deputy Chief, Jacksonville Division 

··~. -
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 12 of 14 PageiD 68 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

JACKSONVILLE DIVISION 

UNITED STATES OF AMERICA 

v. Case No. 3:12-cr-172-J-32MCR 

JOHN TYLER PENNYWITT 

::!' 

6

ff PERSONALIZATION OF ELEMENTS 

~ 't 

1. On or about June'- 2012, in the Middle District of Florida, did you aim 

the beam of a laser pointer at a helicopter owned and operated by the 

Jacksonville Sheriffs Office? 

2. Was the helicopter within the special jurisdiction, that is, the air space, 

of the United States? 

3. Did you aim the beam knowingly? 

Defendant's Initials Cl[TP 12 
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17113 Page 13 of 14 PageiD 69 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

JACKSONVILLE DIVISION 

UNITED STATES OF AMERICA 

v. Case No. 3:12-cr-172-J-32MCR 

JOHN TYLER PENNYWITT 

FACTUAL BASIS 

On June 4, 2012, a helicopter flown by the Jacksonville Sheriff's Office 

{JSO) was targeted by a green laser on four separate occasions during nighttime 

hours. The laser originated from the backyard of a residential house located in 

the Southside area of Jacksonville. 

The pilots were able to guide JSO patrol units to the house from where 

the laser originated. Patrol officers knocked on the door and were permitted 

entry into the house by the suspect's wife. When asked if there was a green 

laser in the house, Debbie Pennywitt told the officers that her husband had one. 

The suspect was located, mirandized, and consented to a search of the house. 

He admitted that he had a laser that he kept in the bedroom and that he had 

pointed it at the JSO helicopter. He claimed that he didn't realize that it reached 

so far into the sky {the JSO helicopter was flying at 900 feet when it was 

targeted). 

Defendant's Initials~ 
Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 14 of 14 PageiD 70 

The officers took the laser into the suspect's back yard and, in 

coordination with air units, positively identified the house where the suspect lived 

as the house from where the laser originated June 4, 2012. At the time of the 

incidents, the aircraft was flying in airspace within the special jurisdiction of the 

United States. 

Defendant's Initials~ 2 
Case 3:12-cr-00172-T JC-MCR Document 39 Filed 04/19/13 Page 1 of 1 PageiD 71 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

JACKSONVILLE DIVISION 

UNITED STATES OF AMERICA 

vs. CASE NO. 3:12-cr-172-J-32MCR 

JOHN TYLER PENNYWITT 

REPORT AND RECOMMENDATION' 

CONCERNING PLEA OF GUILTY 

The defendant, by consent, has appeared before me pursuant to Rule 11, Fed. R. 

Crim. P. and Rule 6.01 (c)(12), M. D. Fla. Rules, and has entered a plea of guilty to Count 

Two of the Indictment. After cautioning and examining the defendant under oath 

concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea 

was knowledgeable and voluntary, and that the offense charged is supported by an 

independent basis in fact containing each of the essential elements of such offense. 

therefore recommend that the plea of guilty be accepted and that the defendant be 

adjudged guilty and have sentence imposed accordingly. 

DONE AND ENTERED at Jacksonville, Florida, this 17th day of April, 2013. 

Copies to: 

Honorable Timothy J. Corrigan 

United States District Judge 

Marielena Diaz, Courtroom Deputy 

Assistant United States Attorney (Campion) 

Mitchell Stone, Esq. 

United States Probation 

United States Pretrial Services 

· MONTE C~ARDSON UNITED STATES MAGISTRATE JUDGE 

1

The parties have agreed to waive the fourteen (14) day objection period to this Report and 

Recommendation. 28 U.S. C.§ 636(b)(1)(8), Rule 6.02, M.D. Fla, Rules. 
Case 3:12-cr-00172-TJC-MCR Document 41 Filed 08/01/13 Page 1 of 1 PageiD 74 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

JACKSONVILLE DIVISION 

UNITED STATES OF AMERICA CASE N0.3:12-cr-172..J-32MCR 

~~N TYLER PENNYWITI a/ka TYLER JOHN PENNYWITI 

Counsel for Government: \ Counsel for Defendant: 

Jay Carl Taylor Mitchell A. Stone 

HONORABLE TIMOTHY J. CORRIGAN, UNITED STATES DISTRICT JUDGE 

Courtroom Deputy: Marielena Diaz U.S. Probation: Irish Anderson 

Court Reporter: Shannon Bishop 

CLERK'S MINUTES 

PROCEEDINGS OF SENTENCING: 

United States' witnesses: ------------------------- Defendant's witnesses: 

United States' exhibits fil,-ed..,.,.in_e_VJ.,-,d;-e-nce-:---------------------

Defendant's exhibits filed in evidence: --------------------- _X_ Plea previously accepted. 

_x_ Defendant adjudged guilty on Count Two !21 of the Indictment 

Imprisonment: ---,,---;,----:-.,--

Court recommends confinement at: 

Defendant receive substance abuse'"'tr::-e-a7tm-e-n7t.--

Court recommends to the BOP that defendant receive mental health treatment. 

~ 

Supervised Release:=-=-----

Probation: ONE !11 YEAR 

_X_ Special Assessment: $100.00 to be paid immediately. 

Restitution; 

_X_ Special conditions of supervised release/probation:================--- Defendant shall provide the Probation Officer access to any requested financial information. 

Defendant shall be prohibited from incurrtng new credit charges, opening additional lines of credit, or 

obligating himself/herself for any major purchases without approval of the Probation Officer. 

_X_ Defendant shall be evaluated to determine whelher he requires mental health treatment and, if so, the 

defendant shall participate as directed In a program of mental health treatment. 

~ Defendant shall participate in a program !or substance abuse treatment. 

Defendant shall participate in the Home Detention program for a period of -::---::---:: 

_X_ Defendant shall perform FIFTY !50) hours of community service as directed by the Probation Officer. 

I! deported by the Bureau of Immigration and Customs Enforcement (BICE), the Defendant shall not 

re-enter the United States unless allowed to do so legally. 

Mandato!)' drug testing suspended. Defendant poses a low rtsk. 

_x_ Defendant shall cooperate in the collection of DNA as directed by the probation officer. 

_X_ Count One 11 l is dismissed on motion of Assistant U.S. AHomey or pursuant to Plea Agreement. 

Defendant is remanded to the custody of the U.S. Marshal. 

Defendant shall surrender to the designated institution as notified by the U.S. Marshal. 

_X_ Defendant advised of right to appeal and to counsel on appeal. 

Other: 

DATE: August 1, 2013 TIME: 10:04 a.m.- 10:27 a.m. 
Case 3:12-cr-00172-TJC-MCR Document 42 Filed 08/08/13 Page 1 of 5 PageiD 75 

AO 2458 { Rev 06/05) Sheet 1 ~Judgment in a Criminal Case 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORJDA 

JACKSONVILLE DIVISION' 

UNITED STATES OF AMERICA 

v 

JOHN TYLER PENNYWITT alkla 

TYLER JOHN PENNYWITT 

THE DEFENDANT 

15_ pleaded guilty to count Two {2) of the Indictment 

_ pleaded nolo contendere to count{s) which was accepted by t11e court 

_was found guilty on count(s) after a plea of not guilty. 

The defendant is adjudicated guilty of these offenses· 

TITLE & SECTION 

18 U.S.C. § 39A 

NATURE OFOFFENSE 

Aiming the Beam of a Laser Pointer 

at an Aircraft of the Special Aircraft 

Jurisdiction of the United States 

JUDGMENT IN A CRIMINAL CASE 

CASE NUMBER: 3:12-cr-172-J-32MCR 

USM NUMBER: 57526-018 

Defendant's Attorney: Mitchell A Stone 

OFFENSE ENDED COUNT 

June 4, 2012 Two of the Indictment 

The defendant is sentenced as provided in pages 2 through 5 of this JUdgment. The sentence is imposed pursuant 

to the Sentencing Reform Act of 1984, as modified by United States v. Booker and 18 U.S.C. §§ 3551 and 3553. 

_The defendant has been found not guilty on count(s) 

L Count One (1) of the Indictment is dismissed on the motion of the United States. 

IT IS FURTHER ORDERED that the defendanl 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. If ordered to pay restitution, the defendant shall notify the court and United States Attorney of any 

material change in economic circumstances. 

Date of Imposition of Sentence August 1, 2013 

DATE: August+--· 2013 
Case 3:12-cr-00172-TJC-MCR Document 42 Filed 08/08/13 Page 2 of 5 PageiD 76 

AO 2458 (Rev. 06/05) Sheet 4- Probation 

Defendant: JOHN TYLER PENNYWITT alka TYLER JOHN PENNYWITT 

3: 12-cr-172-J-32MCR 

Judgment - Page ..L. of.§.... 

Case No.: 

PROBATION 

The defendant is hereby placed on probation for a term of ONE (1) YEAR. 

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 placement on probation 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.) 

X The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check. 

if applicable.) 

lS._ 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.) 

1) 

2) 

3) 

4) 

5) 

6) 

7) 

8) 

9) 

10) 

11) 

12) 

13) 

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

If this judgment imposes a fine or a restitution, it is a condition of probation that the defendant pay in accordance with 

the Schedule of Payments sheet of this judgment. 

The defendant shall 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 shall 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 in the manner 

and frequency directed by the Court or probation officer; 

the defendant shall answer truthfully all inquiries by the probation officer and follow the instruction 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 retrain 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 pennnit 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 tihe 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 

defendanrs criminal record or personal history or characteristics, and shall penmit the probation officer to make such 

notifications and to confinm tihe defendanrs compliance with such notification requirement. .;;-. 
Case 3:12-cr-00172-TJC-MCR Document 42 Filed 08/08/13 Page 3 of 5 PageiD 77 

AO 2458 (Rev 06/05) Sheet 4C - Probation 

Judgment - Page _1_ of 5 

SPECIAL CONDITIONS OF SUPERVISION 

The defendant shall also comply with the following additional conditions of probation: 

The defendant shall participate in the Home Detention program for a period of_. During this time, defendant will 

remain at defendanrs place of residence except for employment and other activities approved in advance by the 

defendant's Probation Officer. Defendant will be subject to the standard conditions of Home Detention adopted for 

use In the Middle District of Florida, which may include the requirement to wear an electronic monitoring device and 

to follow electronic monitoring procedures specified by the Probation Officer. Further, the defendant shall be required 

to contribute to the costs of services for such monitoring not to exceed an amount determined reasonable by the 

Probation Officer based on ability to pay (or availability of third party payment) and in conformance with the Probation 

Office's Sliding Scale for Electronic Monitoring Services. 

lS. The defendant shall participate, as directed by the Probation Officer, in a program (outpatient and/or inpatient) for 

treatment of narcotic addiction or dnug or alcohol dependency. This program will include testing for the detection of 

substance use or abuse. Further, the defendant shall be required to contribute to the costs of services for such 

treatment not to exceed an amount determined reasonable by the Probation Officer's Sliding Scale for Substance 

Abuse Treatment Services. 

X The defendant shall be evaluated to determine whether he requires mental health treatment and, if so, the defendant 

shall participate as directed in a program of mental health treatment approved by the Probation Officer. Further, the 

defendant shall be required to contribute to the costs of services for such treatment not to exceed an amount 

determined reasonable to by Probation Officer based on ability to pay or availability of third party payment and in 

conformance with the Probation Office's Sliding Scale for Mental Health Treatment Services. 

The defendant s~all provide the probation officer access to any requested financial information. 

The defendant shall be prohibited from incurring new credit charges, opening additional lines of credi~ acquisitions 

or obligating himself/herself for any major purchases without approval of the probation officer. 

Should the defendant be deported, he/she shall not be allowed to re-enter the United States without the express 

permission of the United States Attorney General. 

X Defendant shall perform FIFTY 1501 HOURS hours of community service. 

The defendant shall register with the state sexual offender registration agency(s) in any state where he resides, visits, 

is employed, carries on a vacation, or is a student, as directed by the probation officer. 

The defendant shall have no direct contact with minors (under the age of 18) without the written approval of the 

probation officer and shall refrain from entering into any area where children frequently congregate including: 

schools, day-care centers, theme parks, playgrounds, etc. 

The defendant is prohibited from possessing, subscribing to, or viewing any video, magazines, or literature depicting 

children in the nude and/or in sexually explicit positions. 

The defendant shall submit to a search of his/her person, residence, place of business, any storage units under 

his/her control, or vehicle conducted by the probation officer at a reasonable time and in a reasonable manner, based 

upon reasonable suspicion of contraband or evidence of a violation of a condition of release; failure to submit to a 

search may be grounds forrevocation;defendant shall inform any other residents that the premises may be subject 

to a search pursuant to this condition. .. · · · · 
Case 3:12-cr-00172-TJC-MCR Document 42 Filed 08/08/13 Page 4 of 5 PageiD 78 

AO 2458 (Rev 06/05) Sheet 5 -Criminal Monetary Penalties 

Defendant JOHN TYLER PENNYWITT alka TYLER JOHN PENNYWITT 

Case No.: 3:12-cr-172-J-32MCR Judgment - Page....!._ of .,L 

CRIMINAL MONETARY PENAL TIES 

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. 

Assessment Total Restitution 

Totals: $100.00 

The determination of restitution is deferred until __ . 

be entered after such determination. 

An Amended Judgment in a Criminal Case (AO 245C) will 

The defendant must make restitution (including community restttution) to the following payees in the amount listed 

below. 

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

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

3664(1). all nonfederal victims must be paid before the United States is paid. 

Name of Pavee 

"Total 

Amount of Loss 

Amount of 

Restitution Ordered 

Restitution amount ordered pursuant to plea agreement $ ------

Priority Order or 

Percentage of 

Payment 

Jhe defendant shall pay interest on any fine or restitution of more than $2,500, unless the restitution or fine is paid 

m 

full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(1). All of the payment options 

on page 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 ()flosses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for the offenses 

committed on or after September 13, 1994, but before Apri123, 1996. 
Case 3:12-cr-00172-TJC-MCR Document 42 Filed 08/08/13 Page 5 of 5 PageiD 79 

AO 2456 (Rev 06/05) Sheet 6- Schedule of Payments 

Judgment- Page 5 of ..i_ 

SCHEDULE OF PAYMENTS 

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

A. _x_ Lump sum special assessment payment of$ 100.00 due immediately. 

not later than , or 

_in accordance _ 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 (e.g., weekly, monthly, quarterly) installments of$ over a 

period of __ (e.g., months or years), to commence days (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 

E. 

F. 

of , (e.g., months or years) to commence (e.g. 30 or 60 days) after release 

from imprisonment to a term of supervision; or 

r8¥!Jl~g.t gH~rPei~~Jg?rc,;?f ill/.1/~~~lh~~~~e,~; ~JLW~Iri~cffi:'~~~ment plan based on ~~!!is~gs~h,ent of 

i!1e aerenaanfs aDlllry !o' pay ar that time, or 

Special instructions regarding the payment of criminal monetary penalties: 

The defendapt is prdered to beinq makin~cav.me~~of $per month aod.this P.'i!vment scheduha shall continue unll sucn f1me as tlje court IS n ue.a ov. e tdefenaant, the v1cllm or me government mat there 

nas oeen a matena cnange 1n me deten anrs a011 o pay. 

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

monetary penalties Is due during 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. 

Joint and Several 

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and correspondmg payee, if appropnate: 

The defendant shall pay the cost of prosecution. 

The defendant shall pay the following court cost(s): 

The defendant shall forfeit the defendanfs interest in the following property to the United States: 

Pavments shall be aooliedj(l the follo)tlino order. 1.11 assestsment 12l)restittution1 pddncioa~tl3l restitution intecest, 14\ fine pnnc1pa1, (t>) fine Interest( c) commumry restitution, lf) pena111es, aud'(B cos s, InC u 1ng 'Co~ of prosecution ana court costs.