AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 1 (10457)

United States District Court

SOUTHERN DISTRICT OF ALABAMA

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

V.

ROBERT LEO KELLEY

a/k/a Robert Leo Kelly CASE NUMBER: 1:09-CR-00162-003 

USM NUMBER: 10693-003

 Peter J. Madden, Esquire 

Defendant's Attorney

THE DEFENDANT:

(X) pleaded guilty to count 1 of the Indictment on 9/21/2009 . 

() 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)

18 USC § 371 Conspiracy to commit bank fraud. 06/26/2009 1

The defendant is sentenced as provided in pages 2 through 4 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) Counts 4 & 5 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.

 January 13, 2010 

Date of Imposition of Judgment

/s/ Callie V. S. Granade

CHIEF UNITED STATES DISTRICT JUDGE

January 19, 2010

Date

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AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 4 - Probation

Defendant: ROBERT LEO KELLEY, a/k/a Robert Leo Kelly

Case Number: 1:09-CR-00162-003

PROBATION

The defendant is hereby placed on probation for a term of 5 years 

SPECIAL CONDITIONS: See attachment.

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 placement on probation 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. (Check, if applicable)

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

or restitution in accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment.

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 (as set forth below). 

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

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 prob. 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 prob. 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.

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AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 5, Part A - Criminal Monetary Penalties

Defendant: ROBERT LEO KELLEY, a/k/a Robert Leo Kelly

Case Number: 1:09-CR-00162-003

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: $100.00 $ $14,675.78 

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

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

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

 the amounts listed below.

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 nonfederal victims must be paid in full prior to the United States

receiving payment.

Name(s) and *Total Amount of Priority Order or 

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

Hancock Bank, Attn: Joey Tracy $ 8,000.00

P.O. Box 4019, Gulf Port, MS 39502

Wachovia Bank, Attn: Danny Conyers $ 6,675.78

4400 Dorchester Road, North Charleston, SC 29415

TOTALS: $ $14,675.78 

(X) If applicable, restitution amount ordered pursuant to plea agreement. $14,675.78 

() 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).

(X) 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 () fine and/or (X) 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.

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AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 5, Part B - Schedule of Payments

Defendant: ROBERT LEO KELLEY, a/k/a Robert Leo Kelly

Case Number: 1:09-CR-00162-003

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 $ 14,775.78 due immediately, balance due

() not later than , or () in accordance with () C, () D, () E or (X) 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 (X) Special instructions regarding the payment of criminal monetary penalties: Payment to the

victims shall be on a pro rata basis. Restitution is due immediately and payable in full, and is to be paid

through the Clerk, U.S. District Court. If full restitution is not immediately paid, as a special condition

of probation, the Probation Office shall pursue collection in installments to commence no later than 30

days after date of this order. If restitution is to be paid in installments, the Court orders that the

defendant make at least minimum monthly payments in the amount of $100.00. The defendant is ordered

to notify the Court of any material change in his ability to pay restitution. The Probation Office shall

request the Court to amend any payment schedule, if appropriate. No interest shall accrue on this debt.

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.

(X) Restitution is to be paid jointly and severally with co-defendants: Born King 1:09-CR-162-1 and

Fahiym Hussain Pearson 1:09-cr-162-2. 

() 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.

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Judgment in a Criminal Case: Sheet 4 Continued - Probation

Defendant: ROBERT LEO KELLEY, Robert Leo Kelly Judgment - Page 4A 

Case Number: 1:09-CR-00162-003

SPECIAL CONDITIONS OF PROBATION

1) The defendant shall participate in a program of testing and treatment for drug and/or alcohol abuse as

directed by the Probation Office.

2) The defendant must submit a mental health assessment and participate in mental health treatment if

deemed necessary by the Probation Office.

3) The defendant is prohibited from making major purchases, incurring new credit charges, or opening

additional lines of credit without the approval of the Probation Officer, until such time as the financial

obligations imposed by this court have been satisfied in full.

4) The defendant shall provide the Probation Office access to any requested financial information; and 5)

The defendant shall make restitution as set forth on Sheets 5, Part A & 5, Part B of this Judgment.

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