AO 245C (Rev. 06/05) Amended Jud ment in a Criminal Case - Sheet 1 W8ifth Asterisks('» 

United States District C~urt'aUs2~5~ District of New Hampshire ,.FlLED 

UNITED STATES OF AMERICA AMENDED JUP~MENJ1N;:A ClimillNAL CASE 

v. (For Offenses Committed On or After November 1, 19B7) 

JASON GERHARD Case Number: 07-cr-189-02-GZS 

Date of Original Judgment: AUGUST 12, 2008 Stanley Norkunas, Esq.: Liam Scully, Esq. 

lor Date of Lest Amended Judgment) Defendant's Attorney 

Reason ) Modification of Imposed Term of Imprisonment for Extraordinary and for Amendment: 

Compelling Reasons (18 U.S.C. § 3582(c)(1)) [ I Correction of Sentence on Remand (18 U.S.C. 3742(f)(1) and (2)) 

( I Reduction of Sentence for Charged Circumstances (Fed. R. Crim. P. 35(b)) [ I Modification of Imposed Term of Imprisonment for Retroactive 

Amendment(s) to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2)) I I Correction of Sentence by Sentencing Court (Fed. R. Crim. P. 35(a)) 

[xl Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36) [ J Direct Motion to District Court Pursuant to; 

1 128 U.S.C. § 2255. or [ I 18 U.S.C. § 3559(c)(7) I 1 Modification of Supervision Conditions (18 U.S.C. § 3563(c) or 3583(e)) 

[ ) Modification of Restitution Order 118 U.S.C. § 3664} 

THE DEFENDANT:
 

[I pleaded guilty to count(s): _'
 

[I pleaded nolo contendere to count(s) _ which was accepted by the court.
 

[xl was found guilty on count(s) 1-3, and that portion of 4 regarding carrying, using or possessing a firearm of
 

the Third Superseding Indictment after a plea of not guilty, 

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

Date Offense Count 

Title & Section Nature of Offense Concluded Number!s) 

See next page. 

The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed 

pursuant to the Sentencing Reform Act of 1984. 

[xl	 The defendant has been found not guilty on count(s) that portion of 4 of the Third Superseding Indictment 

regarding carrying, using or possessing a destructive device and is discharged as to such count(s). 

[xl	 Count(s) dismissed on motion of the United States: original Indictment, Superseding, and Second 

Superseding Indictments.. 

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, 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. 

George Z. Singal
 

Chief United States District Judge
 

Case 1:07-cr-00189-GZS Document 509 Filed 08/25/08 Page 1 of 7
AO 245C (Rev. 06/05) Amended Judgment in a Criminal Case - Sheet 1 

CASE NUMBER: JASON GERHARD Judgment - Page 2 of 7 

DEFENDANT: 07-cr-189-02-GZS 

Date Offense Count 

Title & Section Nature of Offense Concluded Numberlsl 

18 U.S.C. § 372 Conspiracy to Prevent Officers of the United States from 9/2007 

Discharging Their Duties 

18 U.S.C. § § 371, 111 (a)( 1) Conspiracy to Commit Offenses Against the United 9/2007 2 

and (31 States 

18 U.S.C. § 3 Accessory After the Fact 9/2007 3 

18 U.S.C. § 924(c)(1)(AI Carrying, Using and Possessing a Firearm in Connection 9/2007 4 

and (B) with a Crime of Violence 

Case 1:07-cr-00189-GZS Document 509 Filed 08/25/08 Page 2 of 7
AO 245C [Rev. 06/05) Amended Judgment in a Criminal Case - Sheet 2 - Imprisonment 

CASE NUMBER: 07-cr-189-02-GZS Judgment - Page 3 of 7 

DEFENDANT: JASON GERHARD 

IMPRISONMENT 

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

for a total term of 240 months " 

Such term consists of 72 months on Count 1, 60 months on Counts 2 and 3, to run concurrently to each other but 

consecutively to Count 1, and 108 months on Count 4 to be served consecutively to the terms imposed on Counts 

1 through 3 to the extent necessary to produce a total term of 240 months imprisonment. 

[]	 The court makes the following recommendations to the Bureau of Prisons: 

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

[]	 The defendant shall surrender to the United States Marshal for this district. 

[ ] at on _" 

[ ] as notified by the United States Marshal. 

[]	 The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: 

[ ] before _ on _. 

[ ] as notified by the United States Marshal. 

[ ] as notified by the Probation or Pretrial Services Officer. 

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 

Case 1:07-cr-00189-GZS Document 509 Filed 08/25/08 Page 3 of 7
AD 245C (Rev. 06/05) Amended Judgment in a Criminal Case· Sheet 3 . Supervised Release 

CASE NUMBER: 07-cr-189-02-GZS Judgment - Page 4 of 7 

DEFENDANT: JASON GERHARD 

SUPERVISED RELEASE 

Upon release from imprisonment, the defendant shall be on supervised release for a term of 5 years. 

Such term consists of 3 years on Counts 1 through 3, and 5 years on Count 4, all such terms to run concurrently. 

The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release 

from the custody of the Bureau of Prisons. 

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

The defendant shall not illegally possess a controlled substance. 

Pursuant to Public law 108·405, Revised DNA Collection Requirements Under the Justice for All Act of 2004, the defendant 

shall submit to DNA collection while incarcerated in the Bureau of Prisons, or at the direction of the U.S. Probation Office. 

For offenses committed on or after September 13, 1994: 

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, not to exceed 72 drug tests per year of 

supervision. 

[)	 The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk 

of future substance abuse. (Check if applicable.1 

[x)	 The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. 

If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervised release that the defendant pay any 

such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the 

Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment. 

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below). The defendant 

shall also comply with the additional conditions on the attached page. 

STANDARD CONDITIONS OF SUPERVISION 

1) the defendant shall not leave the judicial district without permission of the court or probation officer; 

21 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 instructions of the probation officer; 

4) the defendant shall support his or her dependants 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 ten 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 shall permit 

confiscation of any contraband observed in plain view of the probation officer; 

11) the defendant shall notify the probation officer within seventy-two 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; 

Case 1:07-cr-00189-GZS Document 509 Filed 08/25/08 Page 4 of 7
AD 245C (Rev. 06/05) Amended Judgment in a Criminal Case - Sheet 3 - Supervised Release 

CASE NUMBER: 07-cr-189-02-GlS	 Judgment - Page 5 of 7 

DEFENDANT: JASON GERHARD 

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. 

SPECIAL CONDITIONS OF SUPERVISION 

In addition, the defendant shall comply with the following special conditions: 

The defendant shall submit his person, residence, office, or vehicle to a search conducted by a U.S. probation officer at a 

reasonable time and in a reasonable manner, based upon reasonable suspicion that contraband or evidence of a violation of 

a condition of release may exist; failure to submit to a search may be grounds for revocation; the defendant shall warn any 

other residents that the premises may be subject to searches pursuant to this condition. 

Upon a finding of a violation of probation or supervised release, I understand that 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. 

(Signed) 

Defendant	 Date 

U.S. Probation Officer/ Designated Witness	 Date 

Case 1:07-cr-00189-GZS Document 509 Filed 08/25/08 Page 5 of 7
lAO 245C (Rev. 06/05) Amended Judgment in a Criminal Case - Sheet 5 Criminal Monetary Penalties 

CASE NUMBER: 07-cr-189-02-GlS Judgment - Page 6 of 7 

DEFENDANT: JASON GERHARD 

CRIMINAL MONETARY PENALTIES 

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

payments set forth on Sheet 5, Part B. 

Assessment Restitution 

Totals: $400.00 

The determination of restitution is deferred until. An Amended Judgment in a Criminal Case (AO 245Cl will be 

entered after such determination. 

1 The defendant shall make restitution (including community restitution) to the following payees in the amount 

listed. 

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

unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 

U.S.C. § 3664(i), all non-federal victims must be paid in full prior to the United States receiving payment. 

* *Total Amount of Priority Order 

Name of Payee Amount of Loss Restitution Ordered or % of Pymnt 

TOTALS: 

[ 1 If applicable, restitution amount ordered pursuant to plea agreement. $ _ 

[ 1 The defendant shall pay interest on any fine or restitution of more than $2500, unless the fine or restitution is 

paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. §3612(fl. All of the 

payment options on Sheet 5, Part B may be subject to penalties for delinquency and default, pursuant to 18 

U.S.C. §3612(g). 

[ 1 The court determined that the defendant does not have the ability to pay interest, and it is ordered that: 

The interest requirement is waived for the [ 1 fine [ 1restitution. 

The interest requirement for the [ 1 fine and/or 1 restitution is modified as follows: 

•• 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.
 

Case 1:07-cr-00189-GZS Document 509 Filed 08/25/08 Page 6 of 7
AD 245C (Rev. 06/05) Amended Judgment in a Criminal Case - Sheet 5 Criminal Monetary Penalties 

CASE NUMBER: 07-cr-189-02-GZS Judgment - Page 7 of 7 

DEFENDANT: JASON GERHARD 

SCHEDULE OF PAYMENTS 

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as 

follows: 

A [xl	 Lump sum payment of $400.00 due immediately, balance due 

not later than _' or 

in accordance with C, 0, or E below; or 

B Payment to begin immediately (may be combined with C, 0, or E below); or 

C Payment in _ installments of $_ over a period of _' to commence _ days after the date of this judgment; or 

o	 Payment in _ installments of $_ over a period of _ ' to commence _ days after release from imprisonment 

to a term of supervision; or 

E	 Special instructions regarding the payment of criminal monetary penalties: 

Criminal monetary payments are to be made to Clerk, U.S. District Court, 55 Pleasant Street, Room 110, Concord, 

NH 03301. Payments shall be in cash or in a bank check or money order made payable to Clerk, U.S. District 

Court. Personal checks are not accepted. 

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 penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial 

Responsibility Program, are to be made payable to the clerk of the court, unless otherwise directed by the court, the 

probation officer, or the United States attorney. 

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

Joint and Several 

Defendant Name, Case Number, and Joint and Several Amount: 

I The defendant shall pay the cost of prosecution. 

I The defendant shall pay the following court cost{s): 

I The defendant shall forfeit the defendant's interest in the following property to the United States: 

Payments shall be applied in the following order: (1) assessment, (2) restitution principal. (3 )restitution interest, (4) fine principal, (5) community 

restitution, (6) fine interest, (7) penalties, and (8) costs, including cost of prosecution and court costs. 

Case 1:07-cr-00189-GZS Document 509 Filed 08/25/08 Page 7 of 7