UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

UNITED STATES OF AMERICA

Plaintiff, 

vs. 

EARL WINDHAM

Defendant.

CASE NUMBER: 2:15CR45-001

USM Number: 14158-027

KERRY C CONNOR

DEFENDANT’S ATTORNEY

JUDGMENT IN A CRIMINAL CASE

THE DEFENDANT pleaded guilty to counts 1,2,3,5,7,9,11 of the Indictment on 10/20/2015.

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offenses:

Title, Section & Nature of Offense Date Offense Ended

Count 

Number(s)

18:1951 ROBBERY and 18:2 AIDING AND 

ABETTING

 December 8, 2014 1

18:1951 ROBBERY and 18:2 AIDING AND 

ABETTING

March 6, 2015 11

18:924 (c) POSSESSION AND USE OF A 

FIREARM DURING AND IN RELATION TO A 

CRIME OF VIOLENCE and 18:2 AIDING AND 

ABETTING

 December 8, 2014 2

18:1951 ROBBERY and 18:2 AIDING AND 

ABETTING

January 5, 2015 3

18:1951 ROBBERY and 18:2 AIDING AND 

ABETTING

 January 10, 2015 5

18:1951 ROBBERY and 18:2 AIDING AND 

ABETTING

 January 19, 2015 7

18:1951 ROBBERY and 18:2 AIDING AND 

ABETTING

 March 5, 2015 9

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.

Counts 4, 6, 8, 10 and 12 of the Indictment are DISMISSED on the motion of the United States.

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Case Number: 2:15CR45-001

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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.

March 1, 2016

Date of Imposition of Judgment

s/ Philip P. Simon

Signature of Judge

Philip P. Simon, Chief United States District Judge

Name and Title of Judge

March 9, 2016

Date

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IMPRISONMENT

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

imprisoned for a term of 56 months on each of counts 1,3,5,7,9 and 11 to be served concurrently 

with each other. Additionally, a term of 60 months is imposed on count 2 to be served

consecutively to the terms imposed on counts 1,3,5,7,9 and 11, for a total term of 116 months. 

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

1. That Earl Windham be evaluated for placement in an educational program designed for 

inmates who have special education needs.

2. That the defendant be evaluated and placed in a program for vocational training.

3. That the defendant be placed in a facility as close to Indianapolis, Indiana as possible to 

permit him to have visitation with family.

4. That Earl Windham be granted administrative release to community corrections as soon 

as feasible under the Second Chance Act to permit him to receive the maximum benefit 

of transition to and reintegration into the community after incarceration. 

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

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SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 2 

years on each of counts 1, 2, 3, 5, 7, 9 and 11, to be served concurrently.

Within 72 hours after the defendant’s release from the custody of the Bureau of Prisons, the 

defendant shall report in person to the nearest United States Probation Office for this district 

between the hours of 8:00 a.m. and 4:30 p.m. While the defendant is on supervision pursuant to 

this judgment, the defendant shall comply with the following conditions:

MANDATORY CONDITIONS OF SUPERVISION

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully use, possess or distribute a controlled substance. 

The defendant shall submit to one drug test within 15 days of release from imprisonment and at 

least two (2) periodic drug tests thereafter for use of a controlled substance.

The defendant shall cooperate in the collection of DNA as directed by the probation officer.

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.

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DISCRETIONARY CONDITIONS OF SUPERVISION

Further, the defendant shall comply with the following discretionary conditions:

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

court or probation officer.

2. The defendant shall report to the probation officer as directed by the court or probation 

officer.

3. The defendant shall not answer falsely any inquiries by the probation officer and shall 

follow the instructions of the probation officer as they relate to the conditions as imposed 

by the court. However, a defendant may always refuse to answer any question if the 

defendant believes that a truthful answer may incriminate him.

4. The defendant shall make reasonable efforts to maintain employment at a lawful 

occupation unless excused by the probation officer for schooling, training or other 

acceptable reasons such as child care, elder care, disability, age or serious health 

condition. 

5. The defendant shall notify the probation officer at least 10 days prior to any change in 

residence or employment. In the event the defendant is involuntarily terminated from 

employment or evicted from a residence the offender must notify the probation officer 

within 48 hours. 

6. The defendant shall not knowingly and intentionally be in the presence of anyone who is 

illegally selling, using or distributing a controlled substance and is such activity 

commences when he is present he must immediately leave the location.

7. The defendant shall not meet, communicate or otherwise interact with a person whom he 

knows to be engaged or planning to be engaged in criminal activity.

8. The defendant shall permit a probation officer to visit him at any time at home between 

the hours of 8:00 a.m. and 10:00 p.m. and shall permit confiscation of any contraband 

observed in plain view by the probation officer.

9. The defendant shall notify the probation officer within 72 hours of being arrested or 

questioned by a law enforcement officer. 

10. The defendant shall not enter into any agreement to act as an informant for a law 

enforcement agency without the permission of the court. He is permitted to do this but he 

simply needs court approval to do that. 

11. The defendant shall notify the probation officer of any material change in economic 

circumstances that might affect his ability to pay any unpaid amount of restitution and 

fines.

12. The defendant shall refrain from possessing a firearm, destructive device or other 

dangerous weapon. 

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13. The defendant shall participate in a program approved by the United States Probation 

Office for substance abuse if necessary after an evaluation at the time of his release. The 

defendant will have to pay for costs of the participation in this program but not to exceed 

his ability to pay for it. 

14. The defendant shall participate in a GED preparation course and use his best efforts to 

obtain a GED within the first year of supervision. He will have to pay for the costs of the 

course but not to exceed his ability to pay for it. Failure to pay shall never be grounds for 

revocation.

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

$700.00 NONE $2,476.49

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

5400 Federal Plaza, Suite 2300, Hammond, IN 46320. The special assessment payment shall be 

due immediately.

FINE

No fine imposed.

RESTITUTION

Restitution in the amount of $2,476.49 is hereby imposed. The restitution is due in full 

immediately. If this amount cannot be paid immediately then payments of $50.00 per month are 

imposed.

The defendant shall make restitution payments to the Clerk of the Court, 5400 Federal Plaza, 

Suite 2300, Hammond, IN 46320, for the following payees in the amounts listed below.

The restitution shall be joint and several with the persons involved in these crimes. 

. 

Name of Payee

Amount of Restitution 

Ordered

Rich's Gas Station $1,364.14

Dollar General $1,072.35

Clerk at Rich's Gas 

Station

$40.00

Totals $2,476.49

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Case Number: 2:15CR45-001

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Name:EARL WINDHAM

Docket No.:2:15CR45-001

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

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