A0245B Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 11/2016) 

Sheet 1 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE 

Plaintiff, 

v. 

ROBERT ALLEN CUMMINS, 

Defendant. 

THE DEFENDANT: 

~pleaded guilty to Counts 1, 8, 11, 13 & 26 of the Indictment. 

The defendant is adjudicated guilty of the following offenses: 

Title, Section & Nature of Offense 

18 USC§ 371 - Conspiracy to Make False Statements in the 

Acquisition of Firearms and in Smuggling Goods 

18 USC§ 924(a)(l)(A)- False Statements in Connection With the 

Acquisition ofFirearms -ATF Form 4473 

" 

Engaging in Business Without a License-Firearms 

Case No.: 6:15-CR-00341-2-AA 

USM Number: 77130-065 

John Joseph Kolego, 

Defendant's Attorney 

Nathan J. Lichvarcik, 

Assistant U.S. Attorney 

Date Offense Concluded 

Beginning on or about 11/2013 and 

continuing until 9/2014 

On or about 4/30/14 

On or about 517 /14 

On or about 5/15/14 

On or about 5/15/14 

Count Number 

8 

11 

13 

26 

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. 

DThe defendant has been found not guilty on count(s) and is discharged as to such count(s). 

~Count 25 is dismissed on the motion of the United States. 

~The defendant shall pay a special assessment in the amount of$500.00 for Counts 1, 8, 11, 13 & 26 payable immediately to the 

Clerk of the U.S. District Court. (See also the Criminal Monetary Penalties Sheet.) 

IT IS ORDERED that the defendant 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 the defendant's 

economic circumstances. 

February 14, 2017 

Signature of Judicial Officer 

Ann L. Aiken, U.S. District Judge 

Name and Title of Judicial Officer 

February)../, 2017 

Date 

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AO 245B Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 11/2016) 

Sheet 2 - Imprisonment 

DEFENDANT: ROBERT ALLEN CUMMINS 

CASE NUMBER: 6:15-CR-00341-2-AA 

IMPRISONMENT 

Judgment-Page 2 of7 

As to Count 1, the defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a term of 40 

months. As to Counts 8, 11, 13 & 26, the defendant is hereby committed to the custody of the Federal Bureau of Prisons to be 

imprisoned for a term of 40 months for each count, to be served concurrently with each other and with Count 1. 

~The court makes the following recommendations to the Bureau of Prisons: 

1. That the defendant be incarcerated in FCI, Sheridan 

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

~ The defendant shall surrender to the custody of the United States Marshal for this district: 

~ at 2:00 P.M. on July 12, 2017. 

D as notified by the United States Marshal. 

D The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: 

D before on ______ _ 

D as notified by the United States Marshal. 

D as notified by the Probation or Pretrial Services Office. 

The Bureau of Prisons will determine the amount of prior custody that may be credited towards the service of sentence as authorized 

by Title 18 USC§ 3585(b) and the policies of the Bureau of Prisons. 

RETURN 

I have executed this judgment as follows: 

Defendant delivered on ______________ to---------------------

at---------------' with a certified copy of this judgment. 

UNITED ST ATES MARSHAL 

By: 

DEPUTY UNITED ST ATES MARSHAL 

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AO 245B Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 11/2016) 

Sheet 3 - Supervised Release 

DEFENDANT: ROBERT ALLEN CUMMINS 

CASE NUMBER: 6:15-CR-00341-2-AA 

SUPERVISED RELEASE 

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

MANDATORY CONDITIONS 

1. You must not commit another federal, state or local crime. 

2. You must not unlawfully possess a controlled substance. 

Judgment-Page 3 of7 

3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of 

release from imprisonment and at least two periodic drug tests thereafter, as determined by the court. 

DThe above drug testing condition is suspended, based on the court's determination that you pose a low risk of future 

substance abuse. (check if applicable) 

4. ~ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable) 

5. D You must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et 

seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you 

reside, work, are a student, or were convicted of a qualifying offense. (check if applicable) 

6. D You must participate in an approved program for domestic violence. (check if applicable) 

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the 

attached page. 

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AO 245B Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 1112016) 

Sheet 3A - Supervised Release 

DEFENDANT: ROBERT ALLEN CUMMINS 

CASE NUMBER: 6:15-CR-00341-2-AA 

STANDARD CONDITIONS OF SUPERVISION 

Judgment-Page 4 of7 

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are 

imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed 

by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition. 

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of 

your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a 

different time frame. 

2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how 

and when you must report to the probation officer, and you must report to the probation officer as instructed. 

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission 

from the court or the probation officer. 

4. You must answer truthfully the questions asked by your probation officer. 

5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your 

living arrangements (such as the people you live with), you must notify the probation officer at least IO days before the 

change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the 

probation officer within 72 hours of becoming aware ofa change or expected change. 

6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation 

officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view. 

7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses 

you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation 

officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position 

or your job responsibilities), you must notify the probation officer at least IO days before the change. Ifnotifying the 

probation officer at least I 0 days in advance is not possible due to unanticipated circumstances, you must notify the probation 

officer within 72 hours of becoming aware ofa change or expected change. 

8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has 

been convicted ofa felony, you must not knowingly communicate or interact with that person without first getting the 

permission of the probation officer. 

9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. 

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything 

that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as 

nunchakus or tasers). 

11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant 

without first getting the permission of the court. 

12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer 

may require you to notify the person about the risk and you must comply with that instruction. The probation officer may 

contact the person and confirm that you have notified the person about the risk. 

13. You must follow the instructions of the probation officer related to the conditions of supervision. 

U.S. Probation Office Use Only 

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this 

judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised 

Release Conditions, available at: www.uscourts.gov. 

Defendant's Signature--------------------- Date __________ _ 

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AO 245B Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 1112016) 

Sheet 3D - Supervised Release 

DEFENDANT: ROBERT ALLEN CUMMINS 

CASE NUMBER: 6:15-CR-00341-2-AA 

SPECIAL CONDITIONS OF SUPERVISION 

Judgment-Page 5 of7 

1. If the judgment imposes a financial penalty, you must pay the financial penalty in accordance with the Schedule of Payments 

sheet of this judgment. You must also notify the court of any changes in economic circumstances that might affect the ability 

to pay this financial penalty. 

2. You must maintain a single checking account and/or savings account in your own name. You must deposit into this account 

all income, monetary gains or other pecuniary proceeds, and make use of this account for payment of all personal expenses. 

You must disclose all other accounts to the probation officer. 

3. You must maintain proper debit, credit, and receipt ledgers for all business transactions. You must provide these records to 

the probation officer as directed. 

4. You must file true and accurate income tax returns to the Internal Revenue Service by the 15th of April each year, and you 

must submit a copy of that tax return to the probation officer as directed. 

5. You must not work in any type of employment without the prior approval of the probation officer. 

6. You must submit your person, property, house, residence, vehicle, papers, or office to a search conducted by a United States 

probation officer. Failure to submit to a search may be grounds for revocation of release. You must warn any other occupants 

that the premises may be subject to searches pursuant to this condition. The probation officer may conduct a search under this 

condition only when reasonable suspicion exists that you have violated a condition of supervision and that the areas to be 

searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable manner. 

7. You must observe Reentry Court as directed by the Court and/or probation office. 

8. You must appear at a status hearing on Tuesday, July 11, 2017 at 9:00am. If the defendant has his affairs in order, this 

hearing will be cancelled. 

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AO 245B Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 11/2016) 

Sheet 5 - Criminal Monetary Penalties 

DEFENDANT: ROBERT ALLEN CUMMINS 

CASE NUMBER: 6:15-CR-00341-2-AA 

CRIMINAL MONET ARY PENAL TIES 

Judgment-Page 6 of7 

The defendant shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments set forth in this 

judgment. 

Assessment Restitution TOTAL 

(as noted on Sheet 1) 

TOTALS $500.00 $0 $0 $ 500.00 

OThe determination of restitution is deferred until ________ . An Amended Judgment in a Criminal Case will be entered 

after such determination. 

OThe defendant shall make restitution (including community restitution) to the following payees in the amount listed below. 

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

in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all non-federal victims must be 

paid in full prior to the United States receiving payment. 

Dlfapplicable, restitution amount order pursuant to plea agreement:$ ___ _ 

OThe defendant must 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). All of the payment options on the Schedule of Payments 

may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). 

OThe court determined that the defendant does not have the ability to pay interest and it is ordered that 

DThe interest is waived for the D fine and/or D restitution. 

DThe interest requirement for the D fine and/or D restitution is modified as follows: 

Any payment shall be divided proportionately among the payees named unless otherwise specified. 

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AO 2458 Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED (Rev. 11/2016) 

Sheet 6 - Schedule of Payments 

DEFENDANT: ROBERT ALLEN CUMMINS 

CASE NUMBER: 6:15-CR-00341-2-AA 

SCHEDULE OF PAYMENTS 

Judgment-Page 7 of7 

Having assessed the defendant's ability to pay, payment' of the total criminal monetary penalties shall be as follows: 

A. 1:8:1Lump sum payment of$500.00 due immediately. 

D not later than , or 

Din accordance with D C, D D, or D E below; or 

B. DPayment to begin immediately (may be combined with D C, D D, or D E below); or 

C. Dlfthere is any unpaid balance at the time of defendant's release from custody, it shall be paid in monthly installments 

of not less than$ , or not less than 10% of the defendant's monthly gross earnings, whichever is greater, until 

paid in full to commence immediately upon release from imprisonment. 

D. D Any balance at the imposition of this sentence shall be paid in monthly installments of not less than $, or not less than 

10% of the defendant's monthly gross earnings, whichever is greater, until paid in full to commence immediately. 

E. D Special instructions regarding the payment of criminal monetary penalties: 

Unless the Court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of imprisonment, 

payment of criminal monetary penalties, including restitution, shall be due during the period of imprisonment as follows: (l) 50% of 

wages earned ifthe defendant is participating in a prison industries program; (2) $25 per quarter ifthe defendant is not working in a 

prison industries program. 

It is ordered that resources received from any source, including inheritance, settlement, or any other judgment, shall be applied to any 

restitution or fine still owed, pursuant to 18 USC § 3664(n). 

All criminal monetary penalties, including restitution, except those payments made through the Federal Bureau of Prisons' Inmate 

Financial Responsibility Program, are made to the Clerk of Court at the address below, unless otherwise directed by the Court, the 

Probation Officer, or the United States Attorney. 

Clerk of Court 

U.S. District Court - Oregon 

405 E. 8th Ave., Ste. 2100 

Eugene, OR 97401 

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. 

D Joint and Several 

Case Number 

Defendant and Co-Defendant 

Names 

(including Defendant number) Total Amount 

DThe defendant shall pay the cost of prosecution. 

DThe defendant shall pay the following court costs: 

Joint and Several Amount 

DThe defendant shall forfeit the defendant's interest in the following property to the United States: 

Corresponding Payee, if 

appropriate 

1 Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, 

(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs. 

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