### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION



### FEDERAL AVIATION ADMINISTRATION, Complainant, 

# RECEIVED DEC 2 6 2013 

## HEARING DOCKET

vs. DocketNo. FAA-2013-0716 FAA Case No. 2012S0150128 TYLERPENNYWITT., Respondent. Judge Sullivan
SUPPLEMENTAL SUBMISSION 

### Pursuantto discussions during the December 12,2013, scheduling conference, there FAA hereby submitsthe attached documents concerning Respondent's criminal convictionthat arose out ofthe same incident at issue inthis civil litigation. Those documents are: Respondent's Plea Agreement, including Personalization ofElements andFactual Basis Report and Recommendation Concerning Plea ofGuilty Clerk'sMinutes for sentencing hearing Judgment in a Criminal Case, convicting respondentofone count ofAiming the Beam of a Laser Pointer at an Aircraft ofthe Special Aircraft Jurisdiction ofthe United States, in violation of 18 U.S.C. § 39A "{J "' 

### Submitted this 

# l day ofDecember, 2013,

# ~-- Chris Stevenson Attorney Office ofthe Regional Counsel

### CERTIFICATE OF SERVICE 

### Ihereby certifythat acopy ofthe foregoing Supplemental Submissionhas been sent this date by the following methods: original and one copy viacertified mail: Federal Aviation Administration 800 Independence Avenue, S.W. Attention: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2W1000 Washington, D.C. 20591

one copy via certified mail:
. Tyler Pennywitt 4483 Hanover ParkDrive Jacksonville, FL 32224

one copy via certified mail: Honorable Judge J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (El1-310) Washington, DC 20590 fax: (202) 366-2131



# WOtV\VD

# ~ DONNA STANL Y Legal Assistant Office ofthe Regional Counsel 

### DEC 1 9 2013 Dated

### Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 1of 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 MIDDLEDISTRICT OFFLORIDA 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 ofAmerica, by Robert E. O'Neill, United States Attorney for the Middle Districtof Florida, and the defendant, JOHN TYLER PENNYWITT, and the attorneyforthe defendant, MitchellA. Stone, Esq., mutually agree as follows: A. Particularized Terms 1. Count(s) Pleading To The defendant shall enter

### a plea ofguilty to CountTwo ofthe Indictment. Count

# ~harges the defendantwith aiming the beam ofa laser pointer at an aircraft in the special aircraftjurisdiction ofthe 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@__Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 2 of 14 PageiD 58

2. Maxjmum Penalties

__


### ... '

# Count~fcarries a maximum sentence of5 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 dueon the date of sentencing. With respect to certain offenses, the Court shall orderthe defendant to make restitution to anyvictim ofthe offense(s), and with respectto other offenses, the Court may orderthe defendantto make restitution to any victim of the offense(s), orto the community, as set forth below. 3. Elements ofthe Offense(s) The defendant acknowledges understanding the nature and elements ofthe offense(s) with which defendant has been charged and towhich defendant is pleading guilty. The elements of

# Count~ are: First:
Second:
Third: The defendant aimed the beam ofa laser pointerat an aircraft; The aircraft was in the specialjurisdiction ofthe United States, and The defendantaimed the beam knowingly. 4. Counts Dismissed ::;'- Atthe time ofsentencing, the remaining count againstthe 01\

.. defendant, Count 

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

# f'-IJIM 11(c)(1)(A).

Defendant's Initials

# 4/)f' 2Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17113 Page 3 of 14 PageiD 59

5. No Further Charges Ifthe Court accepts this plea agreement, the United States Attorney's Office forthe Middle District of Florida agrees notto charge defendant with committing any otherfederal criminal offenses known to the United States Attorney's Office atthe time ofthe execution ofthis agreement, or related to the conduct giving rise to this plea agreement. 6. Guidelines Sentence Pursuantto 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 pursuantto 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, neitherthe United States northe defendantwill be allowed to withdraw from the plea agreement, and the defendantwill not be allowed to withdrawfrom the plea of guilty. 7. Acceptance of ResponsibilitY- Two Levels At the time ofsentencing, and in the eventthat no adverse information is received suggesting such a recommendation to be unwarranted,
Defendant's Initials

# c:( 

# rj/! 3.Case 3:12-cr-00172-TJC-MCR Document 38 Filed 04/17/13 Page 4 of 14 PageiD 60

the United States will to the Courtthatthe defendant receive a two-level downward adjustment for acceptance of responsibility, pursuantto 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 defendantwill 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 agreesthat no self-incriminating information which the defendant may provide during the course ofdefendant's cooperation and pursuantto this agreement shall be used in determining the applicable sentencing guideline range, subjectto 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 ofany other penalty, shall orderthe defendant to make restitution to any victim ofthe offense(s), pursuantto 18 U.S.C. § 3663A, forall offenses described in 18 U.S.C. § 3663A(c)(1) (limited to offenses committed on or after April 24, 1996); and the Court may orderthe defendantto make restitution to any victim ofthe offense(s), pursuantto 18 U.S.C. § 3663 (limited to offenses committed on or after November 1, 1987), including restitution as to all counts charged, whether or notthe defendantenters a plea ofguiltyto such counts, and
Defendant's Initials

# ~ 4Case 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 defendantfurther understands that compliance with any restitution payment plan imposed by the Court in noway 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, pursuantto the MandatoryVictims Restitution Act, in orderto ensure that the defendant's restitution obligation is satisfied. On each countto which a plea ofguilty is entered, the Court shall impose
a special assessment pursuant to 18 U.S.C. 

### § 3013. To ensure thatthis obligation is satisfied, the Defendant agrees to deliver a check or money orderto the Clerk ofthe Court in the amountof$, payable to "Clerk, U.S. District Court'' within ten days ofthe change ofplea hearing. The defendant understands thatthis 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 ofsupervised release upon release from imprisonment, and that, ifthe defendant should violate the conditions of release, the defendantwould be subject to a furtherterm of imprisonment.

Defendant's

# Initials~ 5Case 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 ofthe defendant, to provide relevant factual information, including the totality ofthe defendant's criminal activities, 

### if any, not limited to the count(s) to which defendant pleads, to respond to comments made by the defendantor 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 ofthis case, subject to any limitations set forth herein, ifany. 4. Financial Disclosures Pursuantto 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 ofexecution ofthis agreement an affidavit reflecting the defendant's financial condition. The defendant promises that his/herfinancial statementand disclosureswill be complete, accurate and truthful and will include all assets in which he/she has any interest oroverwhich the defendantexercises control, directly or indirectly, including those held by a spouse, dependent, nominee or otherthird party. The defendantfurther agrees to execute any documents requested by the United States needed to obtain from anythird parties any records of assets owned by the defendant, directly or
Defendant's

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

through a nominee, and, bythe execution ofthis Plea Agreement, consents to the release ofthe defendant's tax returns forthe 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 ofthe defendant's federal, state, and local tax returns, bank records and any otherfinancial information concerning the defendant, for the purpose of making any recommendations to the Court and forcollecting any assessments, fines, restitution, orforfeiture ordered by the Court. The defendant expressly authorizes the United States Attorney's Office to obtain current credit reports in orderto evaluate the defendant's ability to satisfy anyfinancial obligation imposed by the Court. 5. Sentencing Recommendations It is understood bythe parties thatthe Court is neither a party to
nor bound bythis agreement. The Court may accept or reject the agreement, or defer a decision until ithas had an opportunity to considerthe presentence report prepared by the United States Probation Office. The defendant understands and acknowledges that, although the parties are permitted to make recommendations and presentarguments to the Court, the sentence will be determined solely by the Court, with the assistance ofthe 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~ 7Case 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, defendantwill not be permitted to withdraw defendant's plea pursuantto this plea agreement. The government expressly reserves the right to support and defend any decision thatthe Court may make with regard to the defendant's sentence, whether or notsuch decision is consistentwith the government's recommendations contained herein. 6. Defendant's Waiver of Rjght to Appeal the Sentence The defendant agrees thatthis Court hasjurisdiction and authority to impose any sentence up to the statutory maximum and expresslywaives 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 pursuantto the United States Sentencing Guidelines; (b) the ground that the sentence exceeds the statutory maximum penalty; or (c) the groundthatthe sentence violates the Eighth Amendmentto the Constitution; provided, however, that ifthe 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__ 8Case 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 thatthis agreement is limited to the Office of the United States Attorneyforthe Middle District of Florida and cannot bind other federal, state, or local prosecuting authorities, although this office will bring defendant's cooperation, 

### ifany, to the attention ofother prosecuting officers or others, 

### if requested. 8. Filing ofAgreement This agreement shall be presented to the Court, in open court or in camera, in whole or in part, upon a showing ofgood cause, andfiled in this cause, at the time ofdefendant's entry ofa plea ofguilty pursuant hereto. 9. Voluntariness The defendant acknowledges that defendant is entering into this agreement and is pleading guiltyfreely and voluntarily without reliance upon any discussions between the attorneyforthe government and the defendant and defendant's attorney and without promise ofbenefit ofany kind (otherthan the concessions contained herein), and without threats, force, intimidation, or coercion ofany kind. The defendantfurther acknowledges defendant's understanding ofthe nature ofthe 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 (ifany). The defendant also
Defendant's

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

understands that defendant has the rightto plead not guilty orto persist in that plea 

### if it has already been made, and that defendant hasthe right to be tried by a jurywith the assistance ofcounsel, 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 ofwitnesses to testify in defendant's defense; but, by pleading guilty, defendantwaives or gives up those rights and there will be notrial. The defendantfurther understands that 

### if defendant pleads guilty, the Court may ask defendant questions about the offense or offenses to which defendant pleaded, and ifdefendant answers those questions under oath, on the record, and in the presence of counsel (ifany), defendant's answers may later be used against defendant in a prosecution for**pe~ury** orfalse statement. The defendant also understandsthat defendantwill be adjudicated guilty ofthe offenses to which defendant has pleaded and, if any of such offenses are felonies, maythereby be deprived of certain rights, such as the rightto vote, to hold public office, to serve on ajury, orto have possession of firearms. 10. Factual Basis Defendant is pleading guiltybecause defendant is in fact guilty. The defendant certifies thatdefendant does hereby admitthat the facts setforth in the attached "Factual Basis," which is incorporated herein by reference, are

Defendanrs Initials

# !lJJ/)__ 10Case 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 specificfacts and others beyond a reasonable doubt. 11. Entire Agreement This plea agreement constitutes the entire agreement between the government and the defendantwith respect to the aforementioned guilty plea and no other promises, agreements, or representations exist or have been made to the defendantor defendant's attorney with regard to such guilty plea. 12. Certification The defendant and defendant's counsel certify thatthis 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 ofApril, 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 helicopterwithin the special jurisdiction, that is, the airspace, ofthe United States? 3. Did you aim the beam knowingly?

Defendant's Initials

# Cl[TP 12Case 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 helicopterflown 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 ofJacksonville. The pilots were able to guide JSO patrol units to the house from where the laser originated. Patrol officers knocked on the doorand were permitted entry into the house bythe suspect's wife. When asked 

### ifthere 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 ofthe house. He admitted that he had a laserthat he kept in the bedroom and that he had pointed 

### it atthe JSO helicopter. He claimed that he didn't realize that 

### it reached
so far into the sky {the JSO helicopterwas flying at 900 feetwhen 

### 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 tookthe laser intothe suspect's back yard and, in coordination with air units, positively identified the house where the suspect lived
as the house from where the laseroriginated June 4, 2012. At the time ofthe incidents, the aircraftwas flying in airspace within the specialjurisdiction ofthe United States.

Defendant's

# Initials~ 2Case 3:12-cr-00172-TJC-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 ofguilty to Count Two ofthe Indictment. After cautioning and examining the defendant under oath concerning each ofthe 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 ofthe essential elements of such offense. therefore recommend that the plea ofguilty be accepted and that the defendant be adjudged guilty and have sentence imposed accordingly. DONE AND ENTERED at Jacksonville, Florida, this 17th day ofApril, 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

1The 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 ofthe Indictment Imprisonment: ---,,---;,----:-.,-- Court recommends confinement at: Defendant receive substance abuse'"'tr::-e-a 7 tm-e-n 7t.-- 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 ofsupervised 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 ofcredit, or obligating himself/herself for any major purchases without approval ofthe Probation Officer. _X_ Defendantshall be evaluated to determine whelher he requires mental health treatment and, ifso, 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 ofcommunity 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 ofDNA as directed by the probation officer. _X_ Count One 11 l is dismissed on motion ofAssistant U.S. AHomey or pursuant to Plea Agreement. Defendant is remanded to the custody ofthe U.S. Marshal. Defendant shall surrender to the designated institution as notified by the U.S. Marshal. _X_ Defendant advised ofrightto 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) ofthe 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 ofthese offenses· TITLE &SECTION 18 U.S.C. § 39A NATURE OFOFFENSE Aiming the Beam ofa Laser Pointer at an Aircraft ofthe Special Aircraft Jurisdiction ofthe 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 June4, 2012 Two of the Indictment

The defendant is sentenced as provided in pages 2 through 5 ofthis 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) ofthe 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+--· 2013Case 3:12-cr-00172-TJC-MCR Document 42 Filed 08/08/13 Page 2 of 5 PageiD 76 AO 2458 (Rev. 06/05) Sheet4- 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 ofa controlled substance. The defendant shall submitto onedrug testwithin 15 days ofplacement on probation and at leasttwo periodic drug tests thereafter, as determined by the court. The above drug testing condition is suspended, based on the court's determination thatthe defendant poses a low risk offuture substance abuse. (Check, ifapplicable.) 

### X Thedefendantshall not possess afirearm, ammunition, destructivedevice, oranyotherdangerousweapon. (Check. ifapplicable.) lS._ The defendant shall cooperate In the collection of DNA as directed by the probation officer. (Check, ifapplicable.) Thedefendantshall registerwith the state sex offender registration agency in the statewhere the defendant resides, works, or is a student, as directed by the probation officer. (Check, ifapplicable.)

1) 

### 2) 3) 4) 5) 6) 

### 7) 8) 9) 10) 11) 12) 13) The defendantshall participate in an approved program for domestic violence. (Check. ifapplicable.) Ifthisjudgment imposes afine or a restitution, itis acondition ofprobation thatthe defendant pay in accordancewith the Schedule of Payments sheet ofthis judgment. The defendant shall complywith 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 defendantshall not leave thejudicial district without the permission ofthe court or probation officer; thedefendantshall reporttothe probation officerand shallsubmitatruthful and completewritten report in the manner and frequency directed by the Court orprobation officer; the defendant shall answer truthfully all inquiries by the probation officer and follow the instruction ofthe probation officer; the defendant shall support his or her dependents and meet otherfamily responsibilities; the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling. training, orotheracceptable reasons; the defendant shall notifythe 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 administeranycontrolled substance, or any paraphernalia relatedto 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; thedefendantshall notassociatewithanypersonsengaged in criminalactivity, and shall notassociatewith any person convicted ofa 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 ofany contraband observed in plain view ofthe probation officer; the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; the defendantshall notenterinto

### anyagreementto act as an informerora specialagentofa lawenforcementagency without tihe permission ofthe 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 orpersonal historyorcharacteristics, and shall penmitthe probation officerto makesuch notifications and to confinm tihe defendanrscompliance 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 complywith the following additional conditions of probation: The defendant shall participate in the Home Detention program for a period of_. During this time, defendantwill remain at defendanrs place of residence except for employment and other activities approved in advance by the defendant's Probation Officer. Defendantwill be subject to the standard conditions of Home Detention adopted for use In the Middle District of Florida, which may include the requirement towearan electronic monitoring device and to follow electronic monitoring procedures specified bythe Probation Officer. Further, the defendantshall 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 abilityto pay (oravailability ofthird party payment) and in conformancewith 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 Thedefendant shall be evaluated to determinewhether he requires mental health treatment and, ifso, the defendant shall participate as directed in a program ofmental 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 orobligating himself/herselffor any major purchases without approval ofthe probation officer. Should the defendant be deported, he/she shall not be allowed to re-enter the United States without the express permission ofthe United States Attorney General. 

### X Defendant shall perform FIFTY 1501 HOURS hours ofcommunity service. Thedefendantshall registerwith thestate sexualoffenderregistration agency(s) in anystatewherehe resides, visits, is employed, carries on a vacation, or is a student, as directed by the probation officer. The defendant shall have no direct contactwith minors (under the age of 18) without the written approval ofthe probation officer and shall refrain from entering into any area where children frequently congregate including: schools, day-care centers, theme parks, playgrounds, etc. Thedefendantis prohibited from possessing, subscribing to, orviewing anyvideo, 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/hercontrol, orvehicleconducted bythe probation officerata reasonable timeand in a reasonable manner, based upon reasonable suspicion ofcontraband orevidence ofaviolation ofa condition of release; failure to submit to a search may be groundsforrevocation;defendantshall 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 paythe total criminal monetary penalties underthe schedule of payments on Sheet 6. Assessment Total Restitution Totals: $100.00
Thedeterminationofrestitution is deferred until

__. be entered aftersuch determination. An AmendedJudgmentin a CriminalCase (AO 245C) will The defendant must make restitution (including community restttution) to the following payees in the amount listed below. Ifthe defendant makes a partial payment, each payee shall receive an approximately proportioned rayment, unless specified otherwise in the priority orderor 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 Amountof Loss Amount of Restitution Ordered

Restitution amount ordered pursuant to plea agreement $
------ Priority Orderor Percentage of Payment

Jhe defendant shall pay interest on any fine or restitution of morethan $2,500, unless the restitution or fine is paid m full beforethefifteenth dayafterthe date ofthejudgment, pursuant to 18 U.S.C. § 3612(1). All ofthe paymentoptions on page 6 may be subjectto penalties for delinquency and default, pursuant to 18 U.S.C.§ 3612(g). The court determined that the defendantdoes not have the ability to pay interest and it is ordered that: the interest requirement is waived for the_ fine

_ restitution. the interest requirementforthe

_ fine

_ restitution is modified as follows:

• Findings for the total amount ()flossesare required underChapters 109A, 110, 110A, and 113AofTitle 18 forthe offenses committed on orafter September 13, 1994, butbeforeApri123, 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 ofthe total criminal monetary penalties are due as follows: A. 

### _x_ Lump sum special assessment payment of$ 100.00 due immediately. not laterthan , or _inaccordance

_ 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 oryears), to commence days (e.g., 30 or60 days) after the date ofthis 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 arthat time, or Special instructions regarding the payment ofcriminal 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. etdefenaant, the v1cllm or me government matthere nas oeen a matena cnange 1n me deten anrs a011 o pay.
Unless the court has expressly ordered otherwise, ifthis judgment imposes a period of imprisonment, payment ofcriminal 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 ofthe 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, ifappropnate: The defendant shall pay the cost ofprosecution. 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~** ofprosecution ana court costs.