UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

UNITED STATES OF AMERICA

Plaintiff

v. Case Number 3:12cr008-001

USM Number 11927-027

BRIAN KINNAMAN

Defendant

FRED R HAINS 

Defendant’s Attorney

___________________________________

AMENDED JUDGMENT IN A CRIMINAL CASE

Date of Original Judgment: 5/2/2012

Reason for Amendment:

Reduction of Sentence for Changed Circumstances (Fed. R. Crim. P. 35(b))

THE DEFENDANT pleaded guilty to count 1 of the Information on 1/24/2012.

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):

Title, Section & Nature of Offense

Date Offense

Ended

Count

Number(s)

18:922(g)(1) FELON IN POSSESSION OF FIREARM December 2, 2011 1

The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is

imposed pursuant to the Sentencing Reform Act of 1984.

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 United States Attorney of any material change in economic

circumstances.

April 4, 2013

Date of Imposition of Judgment

s/ Jon E. DeGuilio

Signature of Judge

Jon E. DeGuilio, United States District Judge

Name and Title of Judge

April 4, 2013

Date
Defendant: BRIAN KINNAMAN Page 2 of 7

Case Number: 3:12cr008-001

IMPRISONMENT

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

to be imprisoned for a total term of 28 months.

The Court makes the following recommendations to the Bureau of Prisons: That the Bureau

of Prisons designate as the place of the defendant's confinement, if such placement is consistent

with the defendant's security classification as determined by the Bureau of Prisons, a facility where

he may receive substance abuse counseling; participate in the RDAP Program, if available; mental

health evaluation and counseling, as necessary; and that the defendant be placed in a facility as

close as possible to his family in South Bend, Indiana.

The defendant is remanded to the custody of the United States Marshal.

RETURN

I have executed this judgment as follows: 

Defendant delivered to at 

 , with a certified copy of this judgment.

 

UNITED STATES MARSHAL

By: 

DEPUTY UNITED STATES MARSHAL
Defendant: BRIAN KINNAMAN Page 3 of 7

Case Number: 3:12cr008-001

SUPERVISED RELEASE

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

years.

The defendant shall report in person 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 two

(2) periodic drug tests thereafter, as determined by the Court.

The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous

weapon.

The defendant shall cooperate in the collection of DNA as directed by the probation officer.
Defendant: BRIAN KINNAMAN Page 4 of 7

Case Number: 3:12cr008-001

STANDARD CONDITIONS OF SUPERVISION

1. The defendant shall not leave the judicial district without the permission of the Court or

probation officer.

2. The defendant shall report to the probation officer in the manner and as frequently as

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 dependents and meet other family responsibilities.

5. The defendant shall work regularly at a lawful occupation unless excused by the probation

officer for schooling, training, or other acceptable reasons.

6. The defendant shall notify the probation officer within ten (10) days of 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 narcotic or other controlled substance, or any

paraphernalia related to such 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 by the

probation officer.

11. The defendant shall notify the probation officer within seventy-two (72) hours of being

arrested or questioned by a law enforcement officer.

12. The defendant shall not enter into any agreement to act as an informer or a special agent

of a law enforcement agency without the permission of the Court.

13. As directed by the probation officer, the defendant shall notify third parties of risks that may

be occasioned by the defendant’s criminal record or personal history or characteristics, and

shall permit the probation officer to make such notifications and to confirm the defendant’s

compliance with such notification requirement.

14. The defendant shall pay the special assessment imposed or adhere to a court-ordered

installment schedule for the payment of the special assessment.

15. The defendant shall notify the probation officer of any material change in the defendant’s

economic circumstances that might affect the defendant’s ability to pay any unpaid amount

of restitution, fines, or special assessments.
Defendant: BRIAN KINNAMAN Page 5 of 7

Case Number: 3:12cr008-001

SPECIAL CONDITIONS OF SUPERVISION

 If the judgment imposed a fine or a restitution obligation, it shall be a condition of supervised

release that the defendant pay any such fine or restitution that remains unpaid at the

commencement of the term of supervision in accordance with any schedule of payments set forth

in the Criminal Monetary Penalties sheet of the judgment. In any case, the defendant should

cooperate with the probation officer in meeting any financial obligations.

The defendant shall provide the probation officer with access to any requested financial information.

The defendant shall not incur new credit charges or open additional lines of credit without the

approval of the probation officer unless the defendant is in compliance with the installment payment

schedule.

The defendant shall participate in a substance abuse treatment program and shall abide by all

program requirements and restrictions, which may include testing for the detection of alcohol or

drugs of abuse at the direction and discretion of the probation officer. While under supervision, the

defendant shall not consume alcoholic beverages or any mood altering substances, which overrides

the ?no excessive use of alcohol” language in Standard Condition #7. The defendant shall not be

allowed to work at a tavern or to patronize taverns or any establishments where alcohol is the

principal item of sale. The defendant shall pay all or part of the costs for participation in the

program not to exceed the sliding fee scale as established by the Department of Health and Human

Services adopted by this court. 
Defendant: BRIAN KINNAMAN Page 6 of 7

Case Number: 3:12cr008-001

CRIMINAL MONETARY PENALTIES

The defendant shall pay the following total criminal monetary penalties in accordance with

the schedule of payments set forth in this judgment.

Total Assessment Total Fine Total Restitution

$100.00 $10,000.00 NONE

The defendant shall make the special assessment payment payable to Clerk, U.S. District

Court, 102 Robert A. Grant Courthouse, 204 South Main Street, South Bend, IN 46601. The

special assessment payment shall be due immediately.

FINE

A fine in the amount of $10,000.00 is imposed, due immediately. IF the Defendant is unable

to make a lump sum payment, then pursuant to 18 U.S.C. § 3572(d), nominal payments of not less

than $200.00 a month shall begin 60 days after the Defendant’s placement on supervision.

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

fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to

18 U.S.C. § 3612(f). 

The defendant may also make payments for his financial obligations imposed herein from any

wages he may earn in prison in accordance with the Bureau of Prisons Financial Responsibility

Program, although participation in that program is voluntary. The defendant should note that failure

to participate in the Financial Responsibility Program while incarcerated may result in the denial of

certain privileges to which he might otherwise be entitled while imprisoned, and that the Bureau of

Prisons has the discretion to make such a determination. Any portion of the defendant’s financial

obligations not paid in full at the time of the defendant’s release from imprisonment shall become

a condition of supervision.

RESTITUTION

No restitution was ordered.

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.
Defendant: BRIAN KINNAMAN Page 7 of 7

Case Number: 3:12cr008-001

Name: BRIAN KINNAMAN 

Docket No.: 3:12cr008-001 

ACKNOWLEDGMENT OF SUPERVISION CONDITIONS

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

Court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the

conditions of supervision.

I have reviewed the Judgment and Commitment Order in my case and the supervision

conditions therein. These conditions have been read to me. I fully understand the conditions

and have been provided a copy of them.

(Signed)

____________________________________ __________________

 Defendant Date

____________________________________ __________________

 U.S. Probation Officer/Designated Witness Date