FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 1 of 9

4:10cr23-001 - JOSEPH ERVIN

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

-vs- Case # 4:10cr23-001

JOSEPH ERVIN

USM # 12420-017

Defendant’s Attorney:

William Clark (AFPD)

227 N. Bronough Street, Suite 4200

Tallahassee, Florida 32301

___________________________________

JUDGMENT IN A CRIMINAL CASE

The defendant pled guilty to Counts 1 through 8 of the Indictment on June 29, 2010. Accordingly,

IT IS ORDERED that the defendant is adjudged guilty of such counts which involve the following

offenses:

TITLE/SECTION

NUMBER

NATURE OF

OFFENSE

DATE OFFENSE

CONCLUDED COUNT

21 U.S.C. § 841(a)(1)

and (b)(1)(C)

Distribution of Cocaine May 6, 2009 1

21 U.S.C. § 841(a)(1)

and (b)(1)(C)

Distribution of Cocaine May 15, 2009 2

21 U.S.C. § 841(a)(1)

and (b)(1)(C)

Distribution of Cocaine May 20, 2009 3

21 U.S.C. § 841(a)(1)

and (b)(1)(C)

Distribution of Cocaine July 1, 2009 4

21 U.S.C. § 841(a)(1)

and (b)(1)(C)

Distribution of Cocaine July 30, 2009 5

21 U.S.C. § 841(a)(1)

and (b)(1)(C)

Distribution of Cocaine September 1, 2009 7
FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 2 of 9

4:10cr23-001 - JOSEPH ERVIN

18 U.S.C. § 922(g)(1) Possession of a Firearm by a

Convicted Felon

August 7, 2009 6

18 U.S.C. § 922(g)(1) Possession of a Firearm by a

Convicted Felon

September 1, 2009 8

The defendant is sentenced as provided in the following pages of this judgment. The sentence is

imposed pursuant to the Sentencing Reform Act of 1984, including amendments effective

subsequent to 1984, and the Sentencing Guidelines promulgated by the U.S. Sentencing

Commission.

IT IS FURTHER 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.

Date of Imposition of Sentence: 

September 15, 2010

s/Robert L. Hinkle 

United States District Judge 

September 21, 2010
FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 3 of 9

4:10cr23-001 - JOSEPH ERVIN

IMPRISONMENT

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

imprisoned for a term of 63 months as to Counts 1, 2, 3, 4, 5, 6, 7 and 8, all concurrent.

The Court recommends to the Bureau of Prisons in order of priority: 

1. That Defendant participate in a Residential Drug Abuse Treatment Program

while in the custody of the Bureau of Prisons. 

2. That Defendant be designated to a facility as near as possible to Tallahassee,

Florida.

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

RETURN

I have executed this judgment as follows:

Defendant delivered on ____________________ to _________________________________

 at _____________________________________________, with a certified copy of this judgment.

__________________________________

UNITED STATES MARSHAL 

By:__________________________________

Deputy U.S. Marshal 
FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 4 of 9

4:10cr23-001 - JOSEPH ERVIN

SUPERVISED RELEASE

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

of 3 years as to Counts 1, 2, 3, 4, 5, 6, 7 and 8, all to run concurrent.

The defendant shall report to the probation office in the district to which the defendant is

released within 72 hours of release from custody of the Bureau of Prisons.

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

a firearm, destructive device, or any other dangerous weapon.

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 at least two periodic drug tests thereafter, as

determined by the court.

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

STANDARD CONDITIONS OF SUPERVISION

The defendant shall comply with the following standard conditions that have been

adopted by this court.

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 and shall submit a truthful and complete written report

within the first five days of each month;

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 or her 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 at least 10 days prior to any change in residence or

employment;
FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 5 of 9

4:10cr23-001 - JOSEPH ERVIN

7. the defendant shall refrain 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;

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 of the probation officer;

11. the defendant shall notify the probation officer within 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; and

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. if this judgment imposes a fine or a restitution obligation, it shall be a condition of supervision that the

defendant pay any such fine or restitution in accordance with the Schedule of Payments set forth in the

Criminal Monetary Penalties sheet of this judgment.
FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 6 of 9

4:10cr23-001 - JOSEPH ERVIN

ADDITIONAL CONDITIONS OF SUPERVISED RELEASE

The defendant shall also comply with the following additional conditions of supervised

release:

1. The defendant must report to the probation office in person within 72 hours

after the defendant is released from custody. The office must be in the Northern

District of Florida or the district where the defendant is released from custody.

2. The defendant must not own or possess a firearm, dangerous weapon, or

destructive device.

3. The defendant must submit to testing to determine whether he is using drugs

or alcohol.

4. The defendant must participate in a program of substance-abuse treatment.

5. The defendant must provide the probation officer all requested financial

information, business or personal.

6. The defendant must cooperate with the probation department and the

appropriate state agency on child-support matters and must make all required childsupport payments.

7. The defendant must make reasonable efforts to obtain a GED.
FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 7 of 9

4:10cr23-001 - JOSEPH ERVIN

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

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

supervision.

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

provided a copy of them.

Defendant Date

U.S. Probation Officer/Designated Witness Date
FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 8 of 9

4:10cr23-001 - JOSEPH ERVIN

CRIMINAL MONETARY PENALTIES

All criminal monetary penalty payments, except those payments made through the Bureau

of Prisons’ Inmate Financial Responsibility Program, are to be made to the Clerk, U.S. District

Court, unless otherwise directed by the Court. Payments shall be made payable to the Clerk, U.S.

District Court, and mailed to 111 N. Adams St., Suite 322, Tallahassee, FL 32301-7717. Payments

can be made in the form of cash if paid in person.

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

the schedule of payments set forth in the Schedule of Payments. 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 judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options

in the Schedule of Payments may be subject to penalties for default and delinquency pursuant to

18 U.S.C. § 3612(g).

SUMMARY

Special

Monetary Assessment Fine Restitution

$800.00 -0- -0-

SPECIAL MONETARY ASSESSMENT

A special monetary assessment of $800.00 is imposed.

No fine imposed.

No restitution imposed.
FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 9 of 9

4:10cr23-001 - JOSEPH ERVIN

SCHEDULE OF PAYMENTS

Payments shall be applied in the following order: (1) special monetary assessment; (2) non-federal

victim restitution; (3) federal victim restitution; (4) fine principal; (5) costs; (6) interest; (7) penalties

Payment of the total fine and other criminal monetary penalties shall be due as follows: 

in full immediately 

The defendant must notify the court of any material changes in the defendant’s economic

circumstances, in accordance with 18 U.S.C. §§ 3572(d), 3664(k) and 3664(n). Upon notice of a

change in the defendant’s economic condition, the Court may adjust the installment payment

schedule as the interests of justice require.

Special instructions regarding the payment of criminal monetary penalties pursuant to 18 U.S.C.

§ 3664(f)(3)(A): 

Unless the court has expressly ordered otherwise above, if this judgment imposes a period of

imprisonment, payment of criminal monetary penalties shall be due during the period of

imprisonment. In the event the entire amount of monetary penalties imposed is not paid prior to the

commencement of supervision, the U.S. probation officer shall pursue collection of the amount due.

The defendant will receive credit for all payments previously made toward any criminal monetary

penalties imposed. 

The defendant shall forfeit the defendant’s interest in the following property to the United

States: 

Israeli Military Industries (IMI) .357 caliber rifle and Mossberg 20 gauge shotgun