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Case No. 5:11cr16-001

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

UNITED STATES OF AMERICA

-vs- Case # 5:11cr16-001

RONTERREAL D. GAINER

USM # 20965-017

Defendant’s Attorney:

Dustin Scott Stephenson (Appointed)

1156 Jenks Avenue

Panama City, Florida 32401

___________________________________

AMENDED JUDGMENT IN A CRIMINAL CASE

This amended judgment replaces the judgment that was entered on December 23, 2011. 

That judgment is vacated under 28 U.S.C. § 2255 for the reasons set out in the order of May 1, 

2017.

On July 26, 2011, the jury returned a verdict finding the defendant guilty on Counts 1, 2, 

and 3 of the indictment. 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 

841(b)(1)(C)

Possession With Intent 

to Distribute Cocaine 

Base

July 18, 2010 1

18 U.S.C. § 924(c)(1)(A)(i) Possession of a Firearm 

in Furtherance of a Drug

Trafficking Crime

July 18, 2010 2

18 U.S.C. §§ 922(g)(1) and 

924(e)

Possession of a Firearm 

by a Convicted Felon

July 18, 2010 3

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

sentence is imposed under the Sentencing Reform Act of 1984.
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Case No. 5:11cr16-001

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 must notify the court and United States attorney of material changes in 

economic circumstances.

Date of Imposition of Sentence: 

August 3, 2017

s/Robert L. Hinkle

United States District Judge

August 8, 2017
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Case No. 5:11cr16-001

IMPRISONMENT

The defendant is hereby committed to the custody of the United States 

Bureau of Prisons to be imprisoned for a term of 204 months, consisting of:

144 months on count 1;

120 months on count 3 to run concurrently with the sentence on count 

1; and

60 months on Count 2 to run consecutively to the sentence on counts 1 

and 3.

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

The defendant should participate in a residential drugabuse program and in cognitive behavioral therapy.

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 United States Marshal
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Case No. 5:11cr16-001

SUPERVISED RELEASE

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

term of 6 years on count 1, and 3 years on counts 2 and 3, all to run concurrently.

MANDATORY CONDITIONS

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

2. You must not unlawfully possess a controlled substance.

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.

4. You must cooperate in the collection of DNA as directed by the probation officer.

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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Case No. 5:11cr16-001

STANDARD CONDITIONS OF SUPERVISION

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 10 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 of a 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 10 days before the 

change. If notifying the probation officer at least 10 days in advance is not possible due to 

unanticipated circumstances, you must notify the probation officer within 72 hours of becoming 

aware of a 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 of a 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.
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Case No. 5:11cr16-001

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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Case No. 5:11cr16-001

SPECIAL CONDITIONS OF SUPERVISED RELEASE

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

release:

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

weapon, or destructive device.

2. The defendant must submit to testing to determine whether he 

is using drugs or alcohol.

3. The defendant must successfully participate in substance-abuse 

treatment consisting of an initial evaluation—by a probation officer or 

outside provider—and any further appropriate treatment. The treatment 

may include cognitive behavioral therapy.

4. The defendant must provide the probation officer all requested 

financial information, business or personal.
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Case No. 5:11cr16-001

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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Case No. 5:11cr16-001

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments.

ASESSEMENT JVTA*

ASSESSMENT

FINE RESTITUTION

$300.00 -0- -0- -0-

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties 

is due as follows: immediately

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, 

payment of criminal monetary penalties is due during the period of imprisonment. All criminal 

monetary penalties, except those payments made through the Federal Bureau of Prisons’ 

Inmate Financial Responsibility Program, are made to the clerk of the court.

The defendant shall 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: