FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 5 of &
3:10cr43-009/MCR - ERNEST MALLETY a/W/a “Pops” a/k/a “Cooneye”

11.

12

13.

14.

with any person convicted of a felony unless granted permission to do so by the probation officer;

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;

the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a
law enforcement officer;

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

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.

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:

The defendant shall undergo a mental health evaluation and referred to treatment as
determined necessary through an evaluation process.


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3:10cr43-009/MCR - ERNEST MALLETY a/k/a “Pops” a/k/a “Cooneye”

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; and (7)
penalties in full immediately.

Breakdown of fine and other criminal penalties is as follows:
Fine: Waived SMA: $300.00 Restitution: None Cost of Prosecution: None

The $300.00 monetary assessment shall be paid immediately. Any payments of the monetary
assessment and the fine made while the defendant is incarcerated shall be made through the
Bureau of Prisons’ Inmate Financial Responsibility Program. 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.


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3:10cr43-009/MCR - ERNEST MALLETY a/k/a “Pops” a/k/a “Cooneye”

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 5
years as to Counts One and Three, and a term of 1 year as to Count Two, with the terms to
run concurrently, one with the other.

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


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3:10cr43-009/MCR - ERNEST MALLETY a/k/a “Pops” a/k/a “Cooneye”

Upon a finding of a violation of probation or supervised release, | 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. | 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 1 of 8
3:10cr43-009/MCR - ERNEST MALLETY a/W/a “Pops” a/k/a “Cooneye”

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

UNITED STATES OF AMERICA

~vs- Case # 3:10cr43-009/MCR

ERNEST MALLETY
alk/a “Pops”
a/k/a “Cooneye”
USM # 15273-043

Defendant's Attorney:

James Richard Barnes (Retained)
114 East Gregory Street, Suite #3
Pensacola, Florida 32502

AMENDED JUDGMENT IN A CRIMINAL CASE’

Date of Original Judgment: June 16, 2011
Reason for Amendment: Correction of Sentence on Remand (18 U.S.C. 3742(f)(1) & (2))

The defendant was found guilty on Counts 1, 2 and 3 of the Indictment on August 25, 2010.
Accordingly, IT IS ORDERED that the defendant is adjudged guilty of such count(s) which
involve(s) the following offense(s):

TITLE/SECTION NATURE OF DATE OFFENSE
NUMBER OFFENSE CONCLUDED COUNT
21 U.S.C. §§ Conspiracy to Possess with Intent to Distribute March 22, 2010 One
841(b)(1)(A)(ii) and Five (5) Kilograms or More of a Mixture and
846 Substance Containing a Detectable Amount of
Cocaine
21 U.S.C. §§ Conspiracy to Use a Cellular Telephone to March 22, 2010 Two
841(a), 843(b) and _— Facilitate a Crime
846
18 U.S.C. § Possession of a Firearm in Furtherance of a March 22, 2010 Three
924(c)(1)(A) Drug Trafficking Crime

‘The Mandate issued on December 18, 2012 by the Eleventh Circuit Court of Appeals affirmed
Mallety's convictions and remanded to the district court for the limited purpose of correcting the clerical
error in the written judgment. The judgment should strike the reference to cocaine base and to 21
U.S.C. § 841(b)(1)(A)(iii) in Count One. The reference to five or more kilograms of cocaine and 21
U.S.C. § 841(b)(1)(A)(ii) should remain.

Rec'd 109° 13UsDeF ingen 250


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3:10cr43-009/MCR - ERNEST MALLETY a/k/a “Pops” a/k/a “Cooneye”

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
$300.00 Waived None

SPECIAL MONETARY ASSESSMENT

A special monetary assessment of $300.00 is imposed.

FINE
No fine imposed.

RESTITUTION
No restitution imposed.


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3:10cr43-009/MCR - ERNEST MALLETY a/W/a “Pops” a/k/a “Cooneye”

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:
January 7, 2013

UM. bang tortpe~

M. CASEY RODGERS °
CHIEF UNITED STATES DISTRICT JUDGE

7
Date Signed: January. g , 2013


FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 3 of 8
3:10cr43-009/MCR - ERNEST MALLETY a/k/a “Pops” a/k/a “Cooneye”

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be
imprisoned for a total term of 235 months. This sentence is comprised of 175 months as to
Count One, and 48 months as to Count Two, each count to run concurrently, one with the
other; and 60 months as to Count Three, to run consecutive to all other counts.

The Court recommends that the defendant be designated to a Bureau of Prisons facility for
confinement near Moss Point, Mississippi, or as close to that city as reasonably possible.

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

RETURN
| 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