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

Sheet 5 — Criminal Monetary Penalties
Judgment — Page __S of 10
DEFENDANT: MICHAEL ANTHONY PENN

CASE NUMBER: 11-cr-00419-WJM-01

CRIMINAL MONETARY PENALTIES

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

Assessment Fine Restitution
TOTALS $ 100.00 $ 0.00 $ 315,358.75
Oo The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be
entered after such determination.
[KX] 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 percentz age 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

Destiny Chapman.

Administrative Officer

Pike & San Isabel National

Forests. g Comanche $315,358.75 $315,358.75
National Grasslands

2840 Kachina Dr.

Pueblo, CO 81008

TOTALS $ 315,358.75. $ 315,358.75

Restitution amount ordered pursuant to plea agreement $

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).

The Court determined that the defendant does not have the ability to pay interest and it is ordered that:
[X] the interest requirement is waived for the [1 fine BR] restitution.

{C1 the interest requirement for the (1 fine o 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.



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

Attachment (Page 4) — Statement of Reasons
Judgment—Page _10__ of ___10.__
DEFENDANT: MICHAEL ANTHONY PENN
CASE NUMBER: 11-cr-00419-WJM-01

STATEMENT OF REASONS

Vil. COURT DETERMINATIONS OF RESTITUTION

A oO Restitution Not Applicable.

B Total Amount of Restitution: $315,358.75

$315,358.75
C Restitution not ordered (Check only one.):

1 oO For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 363A, 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)-

2] For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because determining complex
igsues of fact and relating them to the cause or amount of the victims’ losses would complicate or prolong the sentencing process to a degree
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).
3 Oo 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)(BM(i).

4 LJ Restitution is not ordered for other reasons. Explain.)

oO Partial restitution is ordered for these reasons (1 8 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 (Rev. 09/08) Criminal Judgment

Attachment (Page 1) — Statement of Reasons
Judgment—Page 7 of 10
DEFENDANT: MICHAEL ANTHONY PENN
CASE NUMBER: 11-cr-00419-WJM-01
STATEMENT OF REASONS

1 COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT

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 USS.G. Manual determinations by Court (including changes to base offense level, or specific offense characteristics)

2 [C1 Chapter Three of the U.S.5.G, Manual determinations by Court (including changes 1 vitim-related adjustments, role in the offense,
obstruction of justice, multiple Counts, or acceptance of responsibility):
Chapter Four of the U.S.S.G, Manual determinations by Court (including changes to criminal history category or scores, career offender, or
3 C1 Chapter Fett ood eteiminations): y Cour B chanes ny CaleBory
4 1 Additional Comments or Findings (including comments or factual findings conceming certain information in the

procenience report that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation,
6r programming decisions):

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

Il 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 ormore 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 tact inthis case
O substantial assistance (18 U.S.C. § 3553(€))
oO the statutory safety valve (18 U.S.C. § 3553(A)

Ill. COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES):

Total Offense Level: 17
Criminal History Category: 1

Imprisonment Range: 24 to 30 months
Supervised Release Range: 1 to 3 years
Fine Range: $ 5,000 to $ 50,000

Fine waived or below the guideline range because of inability to pay.



AO 245B (Rev. 09/08) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments
‘Judgment — Page __6 __ of 10
DEFENDANT: MICHAEL ANTHONY PENN
CASE NUMBER: 11-cr-00419-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 LO Lump sum payment of $ due immediately, balance due
(1 not later than or
(1 in accordance C, D, E,or [] F below; or
B Payment to begin immediately (may be combined with Oc, Ob, or EXIF below); or
Cc oO 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 (1 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 oO 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 [XJ Special instructions regarding the payment of criminal monetary penalties:

The special assessment and restitution obligation are due immediately. Within 30 days of defendant’s release from
custody, the defendant shall meet with his robation Officer in the District in which he is released to establish a

payment plan for payment of the restitution to be submitted for approval by the Court.

Unless the Court has expressl\ ordered otherwise, if this judgment imposes imprisonment, ayment of criminal monetary penalties is due during
imprisonment. All criminal monetai penalties, except those payments made through e 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.

o Joint and Several

dafdafafd
The defendant shall pay the cost of prosecution.

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

ooo

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) Criminal Judgment

Attachment (Page 3) — Statement of Reasons
Tudgment—Page 9 of 10
DEFENDANT: MICHAEL ANTHONY PENN
CASE NUMBER: 11-cr-00419-WJM-01
STATEMENT OF REASONS

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

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

D 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.):
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
plea 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.):
[Z1_ eovernment 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
ol defense motion for a sentence outside of the advisory guideline system to which the government objected.

3 Other
[L] 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.)

7 the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(@)(1)

torreflect the seriousness of the offense, to promote respect forthe law, and to provide just punishment forthe offense (18 U.S.C. § 3553(@)(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))

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

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

oo ooao0o

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.)



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

Sheet |
UNITED STATES DISTRICT COURT
District of COLORADO.
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
¥.
MICHAEL ANTHONY PENN
Case Number: 11-cr-00419-WJM-01
USM Number: 46284-048
Scott Thomas Varholak, AFPD
Defendant's Attorney
THE DEFENDANT:
[X] pleaded guilty to Count 1 of the Indictment

i pleaded nolo contendere to Count(s)

which was accepted by the Court.
Oo was found guilty on Count(s)

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. § 1855 Setting Timber Afire 08/19/11 1
The defendant is sentenced as provided in pages 2 through 10 of this judgment . The sentence is imposed pursuant to

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

Count 2 of the Indictment is Oo 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 imposed by this judgment are fully paid. If ordered to
pay restitution, the defendant must notify the court and United States attorney of ma ‘ial changes in economic circumstances.

November2, 2012, 4 ia

Date of Ipfposition
—
Vv

nt
Sighafure of Judge wi /

William J. Martinez, U.S. District Judge

Name and Title of Judge

WW COlX~

Date



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

jadgment—Page 8 of 10 |

Attachment (Page 2) — Statement of Reasons
J
DEFENDANT: MICHAEL ANTHONY PENN
CASE NUMBER: 11-cr-00419-WJM-01
STATEMENT OF REASONS

IV. ADVISORY GUIDELINE SENTENCING DETERMINATION (Check only one.)
A ‘The sentence is within an advisory guideline range that is not greater than 24 months, and the Court finds no reason to depart

B [C1 __ The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons.
(Use page 4 if necessary.)

C [J __ The Court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual.
(Also complete Section V.)

D_ [1 __ The Court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI.)

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

A. The sentence imposed departs (Check only one.):
(1 below the advisory guideline range
(F) 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.):

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.

onoo0o00

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

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

{_] government motion for departure

(1 defense motion for departure to which the government did not object

defense motion for departure to which the government objected

Oo

Oo

3 Other
(1 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 SK1.1 or 5K3.1.)

4A1.3 Criminal History Inadequacy 5K2.1 Death

SHI1 Age 5K2.2 Physical Injury

SH1.2 Education and Vocational Skills 5K2.3._ Extreme Psychological Injury
SHI.3 Mental and Emotional Condition 5K2.4_ Abduction ot Unlawful Restraint
SHI4 Physical Condition 5K2.5 Property Damage or Loss

oO
oO
oO
SH1.5 Employment Record (E1 5k2.6 Weapon or Dangerous Weapon
oO
oO
O
oO

5K2.11 Lesser Harm

5K2.12 Coercion and Duress

5K2.13 Diminished Capacity

5K2.14 Public Welfare

5K2.16 Voluntary Disclosure of Offense
5K2.17  High-Capacity, Semiautomatic Weapon
5K2.18 Violent Street Gang

5K2.20 Aberrant Behavior

5K2.21 Dismissed and Uncharged Conduct
5K2.22. Age or Health of Sex Offenders
5K2.23 Discharged Terms of Imprisonment
Other guideline basis (e.g, 2B1.1 commentary)

oO

SH1.6 Family Ties and Responsibilities 5K2.7 Disruption of Government Function
SHI.11 Military Record, Charitable Service, 5K2.8 Extreme Conduct

Good Works 5K2.9 Criminal Purpose
5K2.0  Aggravating or Mitigating Circumstances 5K2.10 Victim's Conduct

oO oooooo000
OOoOoOooooooOoo

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



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

Sheet 3C — Supervised Release

Tudgment—Page 4 of __10
DEFENDANT: MICHAEL ANTHONY PENN
CASE NUMBER: 11-cr-00419-WJM-01

SPECIAL CONDITIONS OF SUPERVISION

1. 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.

2. The defendant shall participate in and successfully complete a program of mental health treatment, as approved by the
probation officer, until such time as the defendant is released from the program by the probation officer. The defendant
shall pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release
to the treatment agency all psychological reports and/or the presentence report for continuity of treatment.

3. The defendant shall remain medication compliant and shall take all medications that are prescribed by his treating
psychiatrist. The defendant shall cooperate with random blood tests as requested by his treating psychiatrist and/or

supervising probation officer to ensure that a therapeutic level of his prescribed medications is maintained.

4, The defendant shall reside in a Residential Reentry Center (RRC) for a period of up to nine (9) months, to commence
upon release from custody, and shall observe the rules of that facility. he defendant may be released from the
residential reentry center early with the permission of the probation officer if he secures a suitable residence.

5. The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation
officer, unless the defendant is in compliance with the periodic payment obligations imposed pursuant to the Court’s
judgment and sentence.

6. As directed by the probation officer, the defendant shall apply any monies received from income tax refunds, lottery
winnings, inheritances, judgments, and any anticipated or unexpected financial gains to the outstanding court ordered
financial obligation in this case.



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AQ 245B (Rev. 06/05) Judgment in a Criminal Case

Sheet 3 — Supervised Release
Judgment—Page __3 of ___J0
DEFENDANT: MICHAEL ANTHONY PENN
CASE NUMBER: 11-cr-00419-WJM-01
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: three (3) years.

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.

[C)_ 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.)

es

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

o

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.)

o

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 en| aged 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; ani

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



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

Sheet 2 — Imprisonment
Judgment— Page __2 of ____10__
DEFENDANT: MICHAEL ANTHONY PENN
CASE NUMBER: 11-cr-00419-WJM-01
IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of;
twenty-four (24) months.

(1 The court makes the following recommendations to the Bureau of Prisons:

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

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

oO at Oo am. o p.m. on
C1 as notified by the United States Marshal.

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

RETURN

T 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