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1:10CR16-002 - KELLY ANN SCHULZ

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA

-vs- Case # 1:10CR16-002

KELLY ANN SCHULZ

USM # 20672-017

Defendant’s Attorney:

Stephen Bernstein (Retained)

500 East University Avenue, Suite E

Gainesville, Florida 32601

___________________________________

JUDGMENT IN A CRIMINAL CASE

The defendant pled guilty as to Count 1 of the Indictment on July 27, 2011. Accordingly, IT IS

ORDERED that the defendant is adjudged guilty of such count which involves the following offense:

TITLE/SECTION

NUMBER

NATURE OF

OFFENSE

DATE OFFENSE

CONCLUDED COUNT

21 U.S.C. §§ 841(a)(1),

841(b)(1)(B)(vii) and

846

Conspiracy to Manufacture and Possess

with Intent to Manufacture More Than 100

Marijuana Plants

March 11, 2010 1

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.

Count 2 is dismissed on a motion by the Government.

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: 

October 17, 2011

S/ Stephan P. Mickle 

Stephan P. Mickle

Senior United States District Judge

Date: October 28, 2011 _

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1:10CR16-002 - KELLY ANN SCHULZ

IMPRISONMENT

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

imprisoned for a term of twenty-seven (27) months.

The defendant shall surrender to the United States Marshal in Gainesville, Florida or to the

institution designated by the Bureau of Prisons on or before November 17, 2011, no later than

12:00 noon. The bond is continued until the executed return of judgment is filed with the court,

at which time the bond is exonerated.

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 

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1:10CR16-002 - KELLY ANN SCHULZ

SUPERVISED RELEASE

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

of five (5) years.

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;

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

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1:10CR16-002 - KELLY ANN SCHULZ

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.

ADDITIONAL CONDITIONS OF SUPERVISED RELEASE

The defendant shall also comply with the following additional conditions of

supervised release:

1. The defendant shall report in person to the probation office in the district to which she is released

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

2. The defendant shall not own or possess a firearm, dangerous weapon, or destructive device.

3. The defendant shall be evaluated for substance abuse and referred to treatment as determined

necessary through an evaluation process; and may be tested for the presence of illegal controlled

substances or alcohol at any time during the term of supervision.

4. The defendant shall provide the probation officer all requested financial information, business and

personal.

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

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1:10CR16-002 - KELLY ANN SCHULZ

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

$100.00 $5,000.00 NONE

SPECIAL MONETARY ASSESSMENT

A special monetary assessment of $100.00 is imposed, and is due in full immediately.

FINE

A fine in the amount of $5,000.00 is imposed, and is due in full immediately.

RESTITUTION

NONE

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1:10CR16-002 - KELLY ANN SCHULZ

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

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:

A. Real Property located at 22718 East County Road 1474, Hawthorne, Florida, with all

improivements and appurtenances thereon, more specifically described in Exhibit A of the

Government’s Motion for Entry of Preliminary Order of Forfeiture;

B. $6,012 in United States Currency;

C. Ruger M77 Rifle, SN: 781-92321

D. Browning Model 30, 12 gauge shotgun, SN: 10111NW152

E. Rossi M59, .22 magnum rifle, SN: H006235

F. Marlin 218 BEE, Model 1894CL, SN: 10083159

G. Savage, Model 300, .30 caliber rifle, SN: 424389

H. L.C. Smith 12 gauge shotgun, SN: 30806

I. Winchester, Model 94, 30-30 rifle, SN: 3105309

J. Ithaca 12 gauge shotgun, SN: 12434

K. L.C. Smith 20 gauge shotgun, Model No. SB41, SN: C1228770

L. Smith & Wesson 36 revolver, SN: J319903

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