UNITED STATES DISTRICT COURT

DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA

Plaintiff

v. Case Number 8:00cr65-001

USM Number 16463-047

DOYLE M. MERRITT

Defendant

 

Karen M. Shanahan

Defendant’s Attorney

___________________________________

JUDGMENT IN A CRIMINAL CASE

(For Revocation of Probation or Supervised Release)

THE DEFENDANT admitted guilt to violation of a Mandatory condition of the term of supervision.

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):

Violation Number Nature of Violation

Date Violation

Concluded

1 Domestic Violence Assault and

Possession of Marijuana Less

Than One Ounce and Possession

of Drug Paraphernalia

January 27, 2007

The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is

imposed pursuant to the Sentencing Reform Act of 1984.

Allegation nos. II and III are dismissed on the motion of the United States as to this defendant only.

Following the imposition of sentence, the Court advised the defendant of the right to appeal pursuant

to the provisions of Fed. R. Crim. P. 32 and the provisions of 18 U.S.C. § 3742 (a) and that such Notice

of Appeal must be filed with the Clerk of this Court within ten (10) days of this date.

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.

Date of Imposition of Sentence:

June 15, 2007

s/ Joseph F. Bataillon

 United States District Judge

June 29, 2007

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Defendant: Doyle M. Merritt Judgment-Page 2 of 8

Case Number: 8:00CR65

IMPRISONMENT

The defendant is hereby sentenced to one (1) day in the custody of the U.S. Marshal.

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

ACKNOWLEDGMENT OF RECEIPT

I hereby acknowledge receipt of a copy of this judgment this _____ day of _______________, 2007.

___________________________________________

 Signature of Defendant

RETURN

It is hereby acknowledged that the defendant was delivered on the _____ day of _________________,

2007_____ to __________________________________ with a certified copy of this judgment.

___________________________________________

UNITED STATES WARDEN

 

NOTE: The following certificate must also be completed if the defendant has not signed the

Acknowledgment of Receipt, above.

CERTIFICATE

It is hereby certified that a copy of this judgment was served upon the defendant this ______ day of

_________________,2007.

___________________________________________

UNITED STATES WARDEN

_______________________________________

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Defendant: Doyle M. Merritt Judgment-Page 3 of 8

Case Number: 8:00CR65

SUPERVISED RELEASE

The defendant’s Supervised Release shall be extended to January 15, 2009 with additional

conditions.

While on supervised release, the defendant shall not commit another Federal, state, or local

crime and shall comply with the standard conditions that have been adopted by this court (set forth on

the following page.) If this judgment imposes a restitution obligation, it shall be a condition of

supervised release that the defendant pay any such restitution that remains unpaid at the

commencement of the term of supervised release. The defendant shall comply with the following

additional conditions:

1. The defendant shall submit to testing to detect the presence of a controlled substance or other

prohibited substance in the defendant’s bodily fluids in orderto determine whetherthe defendant

has consumed, or reverted to use of, any prohibited substance. To implement this condition,

the time, place and manner of testing are to be approved by the probation officer.

2. Paragraph #8 of the Standard Conditions of Supervision is modified, i.e., instead of merely

refraining from excessive use of alcohol, the defendant shall not purchase, possess, use,

distribute or administer any alcohol. For the purpose of this condition, alcohol will be considered

just the same as a narcotic or controlled substance.

3. The defendant shall be subject to the search of the defendant’s premises, vehicle or person, day

or night, with or without a warrant, by a federal probation officer in supervision of the defendant,

to determine the presence of any controlled substance, firearm or any other contraband. Any

such items found may be seized by the United States Probation officer. This condition may be

invoked with or without the cooperation of law enforcement officers.

4. The defendant shall attend, pay for and successfully complete diagnostic evaluation, treatment

or counseling program, and shall become a member of a support group (e.g., AA/NA) regarding

alcohol and/or controlled substance abuse. To implement this condition, the particular

diagnostic evaluation, counseling, treatment and support group are to be approved by the

probation officer.

5. The defendant is prohibited from incurring new credit charges or opening additional lines of

credit without prior written approval of the United States Probation officer.

6. The defendant shall provide the United States Probation officer with access to any requested

financial information.

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Defendant: Doyle M. Merritt Judgment-Page 4 of 8

Case Number: 8:00CR65

SUPERVISED RELEASE - CONTINUED

7. Pursuant to 18 U.S.C. § 3583(d), the defendant shall submit to a drug test within fifteen (15)

days of release from the place of the defendant’s imprisonment and shall submit to at least two

(2) periodic drug tests thereafter to determine whether the defendant is using a controlled

substance. Further, the defendant shall submit to additional testing to detect the presence of

any controlled substance in the defendant’s body fluids or determine whether the defendant has

used any controlled substance. The defendant shall pay for the collection of urine samples to

be tested for the presence of a controlled substance. To implement this condition, the time,

place and manner of testing are to be approved by the probation officer.

8. The defendant shall participate in the District’s Cognitive Thinking Group as directed.

9. The defendant shall attend a public, private or private nonprofit offender rehabilitation program

that has been approved by the probation officer, in consultation with a State Coalition Against

Domestic Violence or other appropriate experts, as directed.

10. The defendant shall report to the Supervision Unit of the United States Probation Office for the

District of Nebraska between the hours of 8:00 a.m. and 4:30 p.m., 111 South 18th Plaza, Suite

C79, Omaha, Nebraska, (402) 661-7555, within seventy-two (72) hours of release from

confinement.

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Defendant: Doyle M. Merritt Judgment-Page 5 of 8

Case Number: 8:00CR65

STANDARD CONDITIONS OF SUPERVISION

While the defendant is on probation or supervised release pursuant to this Judgment:

1) the defendant shall not commit another Federal, state or local crime;

2) the defendant shall not leave the judicial district without the permission of the court or probation

officer;

3) the defendant shall report to the probation officer as directed by the court or the probation officer

and shall submit a truthful and complete written report within the first five days of each month;

4) the defendant shall answer truthfully all inquiries by the probation officer and follow the

instructions of the probation officer;

5) the defendant shall support his or her dependents and meet other family responsibilities

(including, but not limited to, complying with the terms of any court order or administrative

process pursuant to the law of a state, the District of Columbia, or any other possession or

territory of the United States requiring payments by the defendant for the support and

maintenance of any child or of a child and the parent with whom the child is living);

6) the defendant shall work regularly at a lawful occupation unless excused by the probation officer

for schooling, training, or other acceptable reasons;

7) the defendant shall notify the probation officer at least ten days prior to any change in residence

or employment;

8) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use,

distribute, or administer any narcotic or other controlled substance, or any paraphernalia related

to such substances, except as prescribed by a physician;

9) the defendant shall not frequent places where controlled substances are illegally sold, used,

distributed, or administered or other places as specified by the court;

10) 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;

11) the defendant shall permit a probation officer to visit the defendant at any time at home or

elsewhere and shall permit confiscation of any contraband observed in plain view by the

probation officer;

12) the defendant shall notify the probation officer within seventy-two hours of being arrested or

questioned by a law enforcement officer;

13) 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;

14) as directed by the probation officer, the defendant shall notify third parties of the risks that may

be occasioned by the defendant's criminalrecord 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 requirements;

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Defendant: Doyle M. Merritt Judgment-Page 6 of 8

Case Number: 8:00CR65

STANDARD CONDITIONS OF SUPERVISION - CONTINUED

15) the defendant shall not own, possess or control any firearms or ammunition, destructive devices

or dangerous weapons;

16) the defendant shall pay any special assessment, fine, or restitution obligation imposed by this

judgment that remains unpaid at the commencement of the term of probation or supervised

release in accordance with the payment schedule of criminal monetary penalties set forth in this

judgment; and

17) the defendant shall notify the probation officer of any material change in the defendant's

economic circumstances that might affect the defendant's ability to pay any unpaid amount of

restitution, fines, or special assessments.

These conditions are in addition to any other conditions imposed by this Judgment.

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Defendant: Doyle M. Merritt Judgment-Page 7 of 8

Case Number: 8:00CR65

CRIMINAL MONETARY PENALTIES

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

of payments set forth in this judgment.

 Assessment Fine Restitution

Totals: $100.00 (paid)

The $100.00 Special Assessment has been paid

If applicable, restitution amount ordered 

pursuant to plea agreement. . . . . . . . . . . . . . $

(X) The court has determined that the defendant does not have the ability to pay interest and it is

ordered that:

(X) The interest requirement is waived.

RESTITUTION

() The determination of restitution is deferred until ________________. An Amended Judgment

in a Criminal Case will be entered after such determination.

() The defendant shall make restitution to the following payees in the amounts listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportional

payment unless specified otherwise in the priority order or percentage payment column below.

 Priority

 Order or

 Percentage

 **Total Amount of of

Name ofPayee Amount of Loss Restitution Ordered Payment

Totals $ $

**Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and

113A of Title 18 for Offenses committed on or after September 13, 1994 but before April 23, 1996.

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Defendant: Doyle M. Merritt Judgment-Page 8 of 8

Case Number: 8:00CR65

SCHEDULE OF PAYMENTS

Payments shall be applied in the following order: (1) assessment; (2) restitution; (3) fine

principal; (4) cost of prosecution; (5) interest; (6) penalties.

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

A () in full immediately or out of his prison earnings.

B () $________ immediately, balance due (in accordance with C,D, or E); or

C () not later than ____________; or

D () in installments to commence ______________ day(s) after the date of this judgment.

In the event the entire amount of criminal monetary penalties imposed is not paid prior

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

of the amount due, and shall request the court to establish a payment schedule if

appropriate; or

E () in _________ (e.g. equal, weekly, monthly, quarterly) installments of $___________

over a period of ______ year(s) to commence ______ day(s) after the date of this

judgment.

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

penalties imposed.

All financial penalty payments are to be made to the Clerk of Court for the District of Nebraska,

111 So. 18th Plaza, Omaha, Ne. 68102.

Special instructions regarding the payment of criminal monetary penalties:

() The defendant shall pay the cost of prosecution.

() The defendant shall pay the following court cost(s):

(X) The defendant shall forfeit the defendant's interest in the following property to the United States:

$3,381.00 in United States Currency

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 shall be due

during the period of imprisonment. All criminal monetary penalty payments, except those made through

the Bureau of Prisons' Inmate Financial ResponsibilityProgram are to be made as directed by the court,

the probation officer, or the United States attorney.

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