AO 245C (Rev. 06/05) Amended Judgment in a Criminal Case: Sheet 1 (NOTE: Identify changes with Asterisks (*)) #9835

United States District Court

SOUTHERN DISTRICT OF ALABAMA

UNITED STATES OF AMERICA AMENDED JUDGMENT IN A CRIMINAL CASE

V.

 AARON JAMES

a/k/a "Red; a/k/a Aaron James, Jr. CASE NUMBER: CR 08-00182-002 

Date of Original Judgment: 2/9/2009 USM NUMBER: 10394-003

(or date of Last Amended Judgment) Richard R. Williams 

Defendant's Attorney

Reason for Amendment:

() Correction of Sentence on Remand (F.R.Crim.P.35(a))

(X) Reduction of Sentence for Changed Circumstances

(F.R.Crim.P.35(b))

() Correction of Sentence by Sentencing Court (F.R.Crim.P.35(a))

() Correction of Sentence for Clerical Mistake (F.R.Crim.P.36)

() Modification of Supervision Conditions (18:3563(c) or 3583(e))

() Modification of Imposed Term of Imprisonment for

Extraordinary and Compelling Reasons (18:3582(c)(1))

() Modification of Imposed Term of Imprisonment for

Retroactive Amendment(s) to the Sent. Guide. (18:3582(c)(2))

() Direct Motion to District Court Pursuant to 

() 28 U.S.C. §2255 or

() 18 U.S.C. § 3559(c)(7) 

() Modification of Restitution Order (18 U.S.C. § 3664)

THE DEFENDANT:

(x) pleaded guilty to count(s) 1 and 3 of the Indictment on 10/15/08 . 

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

() was found guilty on count(s) after a plea of not guilty.

The defendant is adjudicated guilty of the following offenses:

Date Offense Count

Title & Section Nature of Offense Concluded No.(s)

21 USC § 846

18 USC § 924(c)

Conspiracy to Possess with Intent to

Distribute Cocaine

Use of a firearm in relation to a drug

trafficking crime

10/21/06

10/21/06

 1

 3

The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed

pursuant to the Sentencing Reform Act of 1984.

() The defendant has been found not guilty on count(s) .

(x) Count(s) 2 is/are dismissed on the motion of the United States.

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 the United States attorney of any material change in the

defendant's economic circumstances.

 3/15/2010 

Date of Imposition of Judgment

 /s/ Kristi K. DuBose

UNITED STATES DISTRICT JUDGE

 3/15/2010

Date

Case 1:08-cr-00182-KD-B Document 99 Filed 03/16/10 Page 1 of 6
AO 245C (Rev. 06/05) Amended Judgment in a Criminal Case: Sheet 2 - Imprisonment

Defendant: AARON JAMES

Case Number: CR 08-00182-002

IMPRISONMENT

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

imprisoned for a total term of ONE HUNDRED EIGHTEEN (118) MONTHS: Said term consists of 10 months, as to

Count 1 and 108 months, as to Count 3: said term to run consecutively to the custody sentence imposed in Count

1. The Court notes that defendant has served the sentence imposed in Count 1 and that defendant is now serving

the sentence imposed in Count 3. Therefore, by this amendment, the Court intends that the sentence as to Count

3 be reduced from 120 months to 108 months for a reduction of 12 months. 

(x) Special Conditions: The Court orders that the defendant be allowed to participate in

residential, comprehensive, substance abuse treatment, while incarcerated.

() 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 for service of sentence at the institution designated by the Bureau of

Prisons:

() before 2 p.m. on .

() as notified by the United States Marshal.

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

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 1:08-cr-00182-KD-B Document 99 Filed 03/16/10 Page 2 of 6
AO 245C (Rev. 06/05) Amended Judgment in a Criminal Case: Sheet 3 - Supervised Release

Defendant: AARON JAMES

Case Number: CR 08-00182-002

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of THREE (3)

YEARS as to Count 1 and FIVE (5) YEARS, as to Count 3; said terms to run concurrently.

(x) Special Conditions: the defendant shall participate in a program of testing and treatment for

drug and/or alcohol abuse, as directed by the 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,

as directed by the probation officer.

() 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 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)

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

(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 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.

The defendant shall comply with the standard conditions that have been adopted by this court

(Probation Form 7a). 

The defendant shall also comply with the additional conditions on the attached page (if applicable).

See Page 4 for the

 "STANDARD CONDITIONS OF SUPERVISION"

Case 1:08-cr-00182-KD-B Document 99 Filed 03/16/10 Page 3 of 6
AO 245C (Rev. 06/05) Amended Judgment in a Criminal Case: Sheet 3 - Supervised Release

Defendant: AARON JAMES

Case Number: CR 08-00182-002

SUPERVISED RELEASE

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 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 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;

14) the defendant shall cooperate, as directed by the probation officer, in the collection of DNA, if applicable, under

the provisions of 18 U.S.C. §§ 3563(a)(9) and 3583(d) for those defendants convicted of qualifying offenses.

Case 1:08-cr-00182-KD-B Document 99 Filed 03/16/10 Page 4 of 6
AO 245C (Rev. 06/05) Amended Judgment in a Criminal Case: Sheet 5, Part A - Criminal Monetary Penalties

Defendant: AARON JAMES

Case Number: CR 08-00182-002

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 Fine Restitution

Totals: $ 200.00 ** 

** A $100.00 special monetary assessment was imposed, as to each of Counts 1 and 3, for a total SMA of

$200.

() The determination of restitution is deferred until . An Amended Judgment in a Criminal Case

(AO 245C) will be entered after such a determination.

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. (or see attached) 

However, pursuant to 18 U.S.C. § 3644(i), all non-federal victims must be paid in full prior to the United

States receiving payment.

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

the amounts listed below.

Name(s) and *Total Amount of Priority Order

Address(es) of Payee(s) Amount of Loss Restitution Ordered or % of Payment

TOTALS: $ $ 

() If applicable, restitution amount ordered pursuant to plea agreement. $ 

() The defendant shall pay interest on any fine or restitution of more than $2,500, 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(f). All of the

payment options on Sheet 5, Part B may be subject to penalties for 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:

() The interest requirement is waived for the () fine and/or () restitution.

() The interest requirement for the () fine and/or () restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18, United

States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996.

Case 1:08-cr-00182-KD-B Document 99 Filed 03/16/10 Page 5 of 6
AO 245C (Rev. 06/05) Amended Judgment in a Criminal Case: Sheet 5, Part B - Schedule of Payments

Defendant: AARON JAMES

Case Number: CR 08-00182-002

SCHEDULE OF PAYMENTS

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

as follows:

A (x) Lump sum payment of $ 200.00 due immediately, balance due

() not later than , or () in accordance with () C, () D, () E or () F below; or

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

C () Payment in (e.g., equal, 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 (e.g., equal, 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 ay at that time; or

F () Special instructions regarding the payment of criminal monetary penalties:

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 payments made through the Federal Bureau of Prisons'

Inmate Financial Responsibility Program, are to be made to the clerk of 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: 

() The defendant shall pay the cost of prosecution.

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

() 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.

Case 1:08-cr-00182-KD-B Document 99 Filed 03/16/10 Page 6 of 6