UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America

 v.

James Toadvine Jr.

AMENDED (to modify sentence)

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed on or After November 1, 1987)

No. CR 15-01535-001-PHX-DJH

Robert McWhirter (CJA)

Attorney for Defendant

USM#: 53967-408 

THE DEFENDANT ENTERED A PLEA OF guilty on 4/19/2016 to Count ONE of the Indictment.

ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE

FOLLOWING OFFENSE(S): violating Title 18, U.S.C. §§ 2244(a), 2246 Abusive Sexual Contact

with a Ward, a Class E Felony offense, as charged in Count ONE of the Indictment. 

IT IS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the custody

of the Bureau of Prisons for a term of TIME SERVED on Count ONE. Upon release from

imprisonment, the defendant shall be placed on supervised release for a term of FIVE (5) YEARS

on Count ONE.

IT IS ORDERED that all remaining counts are dismissed on motion of the United States.

CRIMINAL MONETARY PENALTIES

The defendant shall pay to the Clerk the following total criminal monetary penalties:

SPECIAL ASSESSMENT: $100.00 FINE: WAIVED RESTITUTION: N/A

The defendant shall pay a special assessment of $100.00, which shall be due immediately.

If incarcerated, payment of criminal monetary penalties are due during imprisonment at a rate of not less than $25 per quarter

and payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Program. Criminal monetary

payments shall be made to the Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC

1, Phoenix, Arizona 85003-2118. Payments should be credited to the various monetary penalties imposed by the Court in

the priority established under 18 U.S.C. § 3612(c). The total special assessment of $100.00 shall be paid pursuant to Title

18, United States Code, Section 3013 for Count ONE of the Indictment. 

Any unpaid balance shall become a condition of supervision and shall be paid within 90 days prior to the expiration of

supervision. Until all restitutions, fines, special assessments and costs are fully paid, the defendant shall immediately notify

the Clerk, U.S. District Court, of any change in name and address. The Court hereby waives the imposition of interest and

penalties on any unpaid balances.

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USA vs. James Toadvine Jr.

SUPERVISED RELEASE

Upon release from imprisonment, the defendant is placed on supervised release for a term of FIVE

(5) YEARS on Count ONE.

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.

It is the order of the Court that, pursuant to General Order 12-13, which incorporates the

requirements of USSG §§5B1.3 and 5D1.2, you shall comply with the following conditions, of

particular importance, you shall not commit another federal, state or local crime during the term of

supervision and the defendant shall abstain from the use of illicit substances:

1) You shall not commit another federal, state, or local crime during the term of supervision.

2) You shall not leave the judicial district or other specified geographic area without the permission of the Court or probation officer. 3) The defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer. 4) You shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. 5) You shall support your dependents and meet other family responsibilities.

6) You shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons. 7) You shall notify the probation officer at least ten days prior to any change of residence or employment. 8) You shall refrain from excessive use of alcohol and are subject to being prohibited from the use of alcohol if ordered by the Court in a special condition of supervision. 9) You shall not purchase, possess, use, distribute or administer any narcotic or other controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 801) or any

paraphernalia related to such substances, without a prescription by a licensed medical

practitioner. The use or possession of medicinal marijuana, even with a physician’s written

certification, is not permitted. Possession of controlled substances will result in mandatory

revocation of your term of supervision. 10) You shall not frequent places where controlled substances are illegally sold, used, distributed or administered, or other places specified by the Court. 11) You 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.

12) You shall permit a probation officer to visit at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer. 13) You shall immediately notify the probation officer (within forty-eight (48) hours if during a weekend or on a holiday) of being arrested or questioned by a law enforcement officer. 14) You 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. 15) As directed by the probation officer, you shall notify third parties of risks that may be occasioned by your criminal record or personal history or characteristics, and shall permit the probation officer to make such notification and to confirm your compliance with such

notification requirement. 16) If you have ever been convicted of a felony, you shall refrain from possessing a firearm, ammunition, destructive device, or other dangerous weapon. If you have ever been convicted

of a misdemeanor involving domestic violence, you shall refrain from possession of any firearm

or ammunition. Possession of a firearm will result in mandatory revocation of your term of

supervision. This prohibition does not apply to misdemeanor cases that did not entail domestic

violence, unless a special condition is imposed by the Court. 17) Unless suspended by the Court, you shall submit to one substance abuse test within the first 15 days of supervision and thereafter at least two, but no more than two periodic substance

abuse tests per year of supervision, pursuant to 18 U.S.C. §§ 3563(a)(5) and 3583(d); 18) If supervision follows a term of imprisonment, you shall report in person to the Probation Office

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USA vs. James Toadvine Jr.

in the district to which you are released within seventy-two (72) hours of release. 19) You shall pay any monetary penalties as ordered by the Court. You will notify the probation officer of any material change in your economic circumstances that might affect your ability to pay restitution, fines, or special assessments. 20) If you have ever been convicted of any qualifying federal or military offense (including any federal felony) listed under 42 U.S.C. § 14135a(d)(1) or 10 U.S.C. § 1565(d), you shall

cooperate in the collection of DNA as directed by the probation officer pursuant to 42 U.S.C.

§ 14135a(a)(2).

The following special conditions are in addition to the conditions of supervised release or supersede any related standard condition:

1. You shall attend and participate in a sex offender treatment program and sex offense specific evaluations as approved by the probation officer. You shall abide by the policies and

procedures of all the treatment and evaluation providers. You shall contribute to the cost of

such treatment and assessment not to exceed an amount determined to be reasonable by the

probation officer based on ability to pay.

2. You shall register as a sex offender in compliance with all federal, state, tribal or other local laws or as ordered by the Court. Failure to comply with registration laws may result in new

criminal charges.

3. You shall not directly or indirectly contact any victim(s) and victim(s) family of the instant offense(s) without prior written permission. This also includes victim(s) disclosed in treatment, assessment and/or any other victim identified by the probation officer. Indirect contact includes,

but is not limited to letters, communication devices, audio or visual devices, communication

through a third party and /or your presence at any location the victim(s) may be known to frequent. You shall immediately report any contact to the probation officer.

4. The defendant shall comply with the standard condition of supervision requiring full-time employment at a lawful occupation. This may include participation in training, counseling,

and/or daily job searching as directed by the probation officer. If not in compliance with the

condition of supervision, the defendant may be required to perform up to 20 hours of community service per week until employed as approved or directed by the probation officer.

5. You shall submit your person, property, house, residence, vehicle, papers, computers as defined in 18 U.S.C. 1030(e)(1), other electronic communications or data storage devices or

media, or office, to a search conducted by a probation officer. Failure to submit to a search

may be grounds for revocation of release. You shall warn any other occupants that the

premises may be subject to searches pursuant to this condition.

6. You shall cooperate in the collection of DNA as directed by the probation officer.

7. You shall participate in a Home Confinement Program without electronic monitoring under the sanction at the discretion of the probation officer for a period of 12 MONTHS.

THE COURT FINDS that you have been sentenced in accordance with the terms of the plea

agreement and that you have waived your right to appeal and to collaterally attack this matter. The

waiver has been knowingly and voluntarily made with a factual basis and with an understanding of

the consequences of the waiver.

The Court may change the conditions of probation or supervised release or extend the term of

supervision, if less than the authorized maximum, at any time during the period of probation or

supervised release. The Court may issue a warrant and revoke the original or any subsequent

sentence for a violation occurring during the period of probation or supervised release.

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USA vs. James Toadvine Jr.

The Court orders commitment to the custody of the Bureau of Prisons.

Date of Imposition of Sentence: Monday, July 18, 2016

DATED this 18th day of August, 2016.

RETURN

I have executed this Judgment as follows:

Defendant delivered on to at , the

institution designated by the Bureau of Prisons, with a certified copy of this judgment in a Criminal case.

By:

United States Marshal Deputy Marshal

CR 15-01535-001-PHX-DJH - Toadvine Jr. 7/18/16 2:26pm

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