AO 245B (Rev. 09/08) Judgment in a Criminal Case
Sheet 3C — Supervised Release
Judgment—Page __S of J]
DEFENDANT: CONARD KERN
CASE NUMBER: 11-cr-00373-WJM-01

SPECIAL CONDITIONS OF SUPERVISION

The defendant shall participate in and successfully complete a . program of testing and/or treatment for substance abuse,
as approved by the probation officer, until such time as the defendant is released from the program by the probation
officer. The defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment and shall
pay the cost of treatment as directed by the probation officer.


AO 24SB Rey. 09/08) Criminal Judgment
Attachment (Page 3) — Statement of Reasons

Judgment—Page 10 of _ Il
DEFENDANT: CONARD KERN
CASE NUMBER: 11-cr-00373-WJM-01

'ATEMENT OF REASONS

VI COURT DETERMINATION FOR SENTENCE OUTSIDE THE ADVISORY GUIDELINE SYSTEM
(Check all that apply.)

A __ The sentence imposed is (Check only one.):
below the advisory guideline range

Ci above the advisory guideline range

B___ Sentence imposed pursuant to (Check all that apply.):

1 Plea Agreement (Check all that apply and check reason(s) below.):
LZ binding plea agreement for a sentence outside the advisory guideline system accepted by the Court
1 plea agreement for a sentence outside the advisory guideline system, which the Court finds to be reasonable
(C1 pica agreement that states that the government will not oppose a defense motion to the Court to sentence outside the advisory guideline

system

2 Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):
[21 _ government motion for a sentence outside of the advisory guideline system
[1 defense motion for a sentence outside of the advisory guideline system to which the government did not object
{K] defense motion for a sentence outside of the advisory guideline system to which the government objected

3 Other
(21_ Other than a plea agreement or motion by the parties for a sentence outside of the advisory guideline system

C__ Reason(s) for Sentence Outside the Advisory Guideline System (Check all that apply.)

J

the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1)
to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense (18 U.S.C. § 3553(a)(2)(A))
to afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B))

to protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C))

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to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner

(18 US.C. § 3553(a)(2)(D))
to avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6))

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to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))

D__ Explain the facts justifying a sentence outside the advisory guideline system. (Use page 4 if necessary.)

-Employment history
-Minor criminal history


AQ245B (Rev. 09/08) Judgment in a Criminal Case
Sheet Schedule of Payments

Judgment — Page __7 of u

DEFENDANT: CONARD KERN
CASE NUMBER: 11-cr-00373-WJM-01

SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:
a O Lump sum payment of $ due immediately, balance due
(not later than Or
im in accordance Cc, D, E, or oO F below; or

&l Payment to begin immediately (may be combined with Oo [on Ob, or F below); or
Oo

Cc Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or
D [ Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or
E ( Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from

imprisonment. The Court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F  [X) Special instructions regarding the payment of criminal monetary penalties:
First $3,000 from the sale of firearms in question shall be paid to Mr. Warren Marshal.

Unless the Court has expressly ordered otherwise, if this judgment imposes imprisonment, ayment of criminal monetary penalties is due durin;
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.

Joint and Several
The defendant shall pay the cost of prosecution.

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

ooodgd

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


AO 245B (Rev. 09/08) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

Judgment— Page _6 of __ ut
DEFENDANT: CONARD KERN

CASE NUMBER: 11-cr-00373-WJM-01

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine
TOTALS $ 400.00 $ 0.00 $ 3,000.00
(1 The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be

entered after such determination.
[X} The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned. ayment, unless specified otherwise
in the priority order or Percentage payment column below. However, pursuant to 18 U.S.C. § 3604, all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss* Restitution Ordered Priority or Percentage
Mr. Warren Marshal

G&G Guns $3,000.00 $3,000.00

TOTALS $ 3,000.00 $ 3,000.00.

(1 Restitution amount ordered pursuant to plea agreement $

1 The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

[X] 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 o fine [X] restitution.

(7 the interest requirement for the 1 fine (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.


AO 245B (Re

DEFENDANT: CONARD KERN
CASE NUMBER: 11-cr-00373-WJM-01

STATEMENT OF REASONS
IV ADVISORY GUIDELINE SENTENCING DETERMINATION (Check only one.)

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Attachment (Page 2) — Statement of Reasons

-v. 09/08) Criminal Judgment

aD
BO

(Use page 4 if necessary.)
cO

(Also complete Section V.)
D &l

Judgment—Page __9 of ul

The sentence is within an advisory guideline range that is not greater than 24 months, and the Court finds no reason to depart.

The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons.

The Court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual.

The Court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI.)

DEPARTURES AUTHORIZED BY THE ADVISORY SENTENCING GUIDELINES (If applicable.)

A The sentence imposed departs (Check only one.):
oO below the advisory guideline range
LD above the advisory guideline range

B_ Departure based on (Check all that apply.):

1

Plea Agreement (Check all that apply and check reason(s) below.):

ooo000

5K1.1 plea agreement based on the defendant’s substantial assistance
5K3.1 plea agreement based on Early Disposition or “Fast-track” Program
binding plea agreement for departure accepted by the Court
plea agreement for departure, which the Court finds to be reasonable
plea agreement that states that the government will not oppose a defense departure motion.

Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):
(J 5K1.1 government motion based on the defendant’s substantial assistance

(1 5K3.1 government motion based on Early Disposition or “Fast-track” program
government motion for departure

defense motion for departure to which the government did not object

(1 defense motion for departure to which the government objected

Other

(0) Other than a plea agreement or motion by the parties for departure (Check reason(s) below.):

C_ Reason(s) for Departure (Check all that apply other than 5K1.1 or 5K3.1.)

4A13
SHIA
SH1.2
SH1.3
SH1.4
SH1.5
SH16
SHIIL

5K2.0

Criminal History Inadequacy
Age

Education and Vocational Skills
Mental and Emotional Condition
Physical Condition

Employment Record

Family Ties and Responsibilities

Military Record, Charitable Service,

Good Works.

Ageravating or Mitigating Circumstances

Oo

OOOROoooo!

5K2.1
5K2.2
5K2.3
5K2.4
5K2.5
5K2.6
5K2.7
5K2.8
5K2.9
5K2.10

Death

Physical Injury

Extreme Psychological Injury
Abduction or Unlawful Restraint
Property Damage or Loss

Weapon or Dangerous Weapon
Disruption of Government Function
Extreme Conduct

Criminal Purpose

Victim’s Conduct

D__ Explain the facts justifying the departure. (Use page 4 if necessary.)

Oo

Ooo

Oo
O
O
im
Oo
Oo
O
Oo
o

5K2.11
5K2.12
5K2.13
5K2.14
5K2.16
SK2.17
5K2.18
5K2.20
5K2.21
5K2.22
5K2.23

Lesser Harm
Coercion and Duress

Diminished Capacity

Public Welfare

Voluntary Disclosure of Offense
High-Capacity, Semiautomatic Weapon
Violent Street Gang

Aberrant Behavior

Dismissed and Uncharged Conduct
‘Age or Health of Sex Offenders
Discharged Terms of Imprisonment

Other guideline basis (e.g., 2B1.1 commentary)


AO 245B (Rev. 09/08) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT

District of COLORADO
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
V.
CONARD KERN
Case Number: 11-cr-00373-WJM-01
USM Number: 37902-013

Christopher Lee Levkulich, Retained

Defendant’s Attorney

THE DEFENDANT:
pleaded guilty to Counts _Two, Five, Six, and Seven of the Indictment.

C1 pleaded nolo contendere to Count

which was accepted by the Court.
C1 was found guilty on Count

after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count
18 U.S.C. §§ 922(d)(1) and Selling Firearms and Ammunition to a Felon 06/13/2011 Two
924(a)(2)

The defendant is sentenced as provided in pages 3 through iat of this judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.
(1 The defendant has been found not guilty on Count

Counts _One, Three, Four, Eight, and Nine__[71] is are dismissed on the motion of the United States.

It is ordered that the defendant must 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 imboved by this judgment are fully paid. If ordered to

pay restitution, the defendant must notify the Court and United States attorney-6f material C in wi circumstances.
Jyfy 3.2012
ate of Imposifiogof. {
74

‘ignature Of Judge 7

William J. Martinez, U.S. District Judge

Name and Title

S Jub, 201d

Date


AQ 245B (Rev. 09/08) Criminal Judgment
Attachment (Page 4) — Statement of Reasons

DEFENDANT:

Judgment—Page __l1 of =__tl

CONARD KERN

CASE NUMBER: 11-cr-00373-WJM-01

STATEMENT OF REASONS

VIT_ COURT DETERMINATIONS OF RESTITUTION

A L Restitution Not Applicable.

B Total Amount of Restitution: _$3,000.00

C Restitution not ordered (Check only one.):

1O
20

For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because the number of
identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A).

For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because determining complex

issues of fact and relating them to the cause or amount of the victims” losses would complicate or prolong the sentencing process to a de
that the need to provide restitution to any victim would be outweighed by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B).

For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing guidelines, restitution is not
ordered because the complication and prolongation of the sentencing process resulting from the fashioning of a restitution order outweigh
the need to provide restitution to any victims under 18 U.S.C. § 3663(a)(1)(B)(i).

Restitution is not ordered for other reasons. (Explain.)

vO Partial restitution is ordered for these reasons (18 U.S.C. § 3553(c)):

VIII ADDITIONAL FACTS JUSTIFYING THE SENTENCE IN THIS CASE (If applicable.)

Sections |, Il, Ill, IV, and VII of the Statement of Reasons form must be completed in all felony cases.


AO 245B (Rey. 09/08) Criminal Judgment

Attachment (Page 1) — Statement of Reasons
Judgment—Page __8 of

DEFENDANT: CONARD KERN
CASE NUMBER: 11-cr-00373-WJM-01

STATEMENT OF REASONS
I COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT

u

A The Court adopts the presentence investigation report without change.

B oO The Court adopts the presentence investigation report with the following changes.

—_

(Check all that apply and specify Court determination, findings, or comments, referencing paragraph numbers in the presentence report, if applicable.)

(Use page 4 if necessary.)

1 1 Chapter Two of the US.S.G. Manual determinations by Court (including changes to base offense level, or specific offense characteristics):

2 1 Chapter Three of the U.S.S.G, Manual determinations by Court {including changes to victimelated adjustments, role inthe offense,

obstruction of justice, multiple Counts, or acceptance of responsibilit

criminal livelihood determinations):

4 171 Additionat Comments or Findings (including comments or factual findings concerning certain information in, the
Ppresentence report that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation,
Or programming decisions):

c oO The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.

COURT FINDING ON MANDATORY MINIMUM SENTENCE (Check all that apply.)

A No Count of conviction carries a mandatory minimum sentence.
B [1 __ Mandatory minimum sentence imposed.

C [1 __ one or more Counts of conviction alleged in the indictment carry a mandatory minimum term of imprisonment, but the
sentence imposed is below a mandatory minimum term because the Court has determined that the mandatory minimum

does not apply based on

1 findings of fact in this case
TA substantial assistance (18 U.S.C. § 3553(e))
7 the statutory safety valve (18 US.C. § 3553(9)

COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES):

Total Offense Level: 25
Criminal History Category: I

Imprisonment Range: 57 to val months
Supervised Release Range: 1 to 3 years

Fine Range: $ 10,000 to $ 1,000,000
Fine waived or below the guideline range because of inability to pay.

[C1 Chapter Four of the U.S.S.G, Manual determinations by Court (including changes to criminal history category or scores, career offender, or


AO 24SB (Rev. 06/05) Judgment in a Criminal Case
Sheet 3 — Supervised Release

Judgment—Page __4 of, in
DEFENDANT: CONARD KERN
CASE NUMBER: 11-cr-00373-WJM-01
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: three (3) years as to each count, to

run concurrently.

The defendant must 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 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.
[1] 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.)

The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)

The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a
student, as directed by the probation officer. (Check, if applicable.)

OO #8 w&

The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the
Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions
on the attached page.

STANDARD CONDITIONS OF SUPERVISION

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 in a manner and frequency directed by the Court or probation officer;

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 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;

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; and

14) the defendant shall provide access to any requested financial information.


AO 245B

(Rev. 09/08) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment— Page __3 of __

DEFENDANT: CONARD KERN
CASE NUMBER: 11-cr-00373-WJM-01

K

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:
thirty (30) months as to each count, to run concurrently.

The Court makes the following recommendations to the Bureau of Prisons:

The Court recommends the defendant be incarcerated at a facility appropriate to his security designation located within the
State and District of Colorado.

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

The defendant shall surrender to the United States Marshal for this district:

O at O amO pm on

1 as notified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
oO before 12 p.m. on
(1 as notified by the United States Marshal.

(1 as notified by the Probation or Pretrial Services Office.

RETURN

have executed this judgment as follows:

at

Defendant delivered on to

, With a certified copy of this judgment.

UNITED STATES MARSHAL

By

DEPUTY UNITED STATES MARSHAL


AO 245B (Rev. 06/05) Criminal Judgment

Sheet 1A

DEFENDANT:
CASE NUMBER:

Title & Section
S.C. §§ 922(d)(1) and

18 U.S,
924(a)(2

)

l suse. §§ 922(0) and

18 U.S.C. §§ 922(k) and
924(a)(1) 8892200) an

CONARD KERN
11-cr-00373-WJM-01

ADDITIONAL COUNTS OF CONVICTION

Nature of Offense

Selling Firearms and Ammunition to a Felon 07/07/2011

Possession of a Machinegun 07/07/2011

Possession of a Firearm with an Obliterated Serial 07/07/2011

lumber

Judgment—Page __2

Offense Ended Count

Five

Six

Seven