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

 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF ALABAMA

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

 V. (For Offenses Committed On or After November 1, 1987) 

 

A. SAMUEL KELLEY, II CASE NUMBER: 1:08-CR-00327-001

a/k/a Alton Samuel Kelley, Jr. USM NUMBER: 10556-003

 Richard S. Jaffe, Esquire 

THE DEFENDANT: Howard H. Dodd, Esquire 

 Defendant's Attorney

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

 was found guilty on counts 1-86, 88-96. 98, 102, 105, 107, 110, 112, 115, 119, 120, 123, 126 

129, 131, 133, 135, 139, 142, 145, 148, 151, 154, 159, 162, 164, 166, 170, 172, 177, 178, 181, 184, 

186, 188, 192, 195 of the Superseding Indictment on 2/8/2010 after a plea of not guilty. 

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offenses: 

Title & Section Nature of Offense

Date Offense 

Concluded

Count 

No.s

21 USC § 846 

(See attachment 

for other Counts.) 

Conspiracy to distribute and 

dispense Schedule II conrolled 

substances outside the usual 

course of professional practice 

and not for a legitamate medical 

purpose. 

08/31/2006 1 

 

 The defendant is sentenced as provided in pages 2 through 9 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) . 

Count 87 of the Superseding Indictment was dismissed on the motion of the United States on 

1/26/2010. 

 IT IS FURTHER 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 United States attorney of any material change in the defendant's 

economic circumstances. 

 August 26, 2010 

 Date of Imposition of Judgment 

 /s/ Callie V. S. Granade 

 UNITED STATES DISTRICT JUDGE 

 September 1, 2010 

 Date

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Case 1:08-cr-00327-CG-B Document 766 Filed 09/01/10 Page 1 of 9
 Judgment 2

AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 2 - Imprisonment 

Defendant: A. SAMUEL KELLEY, II, a/k/a Alton Samuel Kelley, Jr.

Case Number: 1:08-CR-00327-001

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 TWENTY (120) MONTHS. Said term consists of 

60 months as to each of Counts 1-82, and 120 months as to each of counts 83-86, 88-95, 96, 98, 102, 

105, 107, 110, 112, 115, 119, 120, 123, 126, 129, 131, 133, 135, 139, 142, 145, 148, 151, 154, 159, 162, 

164, 166, 170, 172, 177, 178, 181, 184, 186, 188, 192 & 195. All said terms are to be served 

concurrently. 

 Special Conditions:

The court makes the following recommendations to the Bureau of Prisons: that the 

defendant be housed as close to his family as possible. 

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

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

at a.m./p.m. on . 

as notified by 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

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Case 1:08-cr-00327-CG-B Document 766 Filed 09/01/10 Page 2 of 9
 Judgment 3

AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 3 - Supervised Release 

Defendant: A. SAMUEL KELLEY, II, a/k/a Alton Samuel Kelley, Jr.

Case Number: 1:08-CR-00327-001

SUPERVISED RELEASE

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

each of Counts 1-82, 96, 98, 102, 105, 107, 110, 112, 115, 119, 120, 123, 126, 129, 131, 133, 135, 139, 

142, 145, 148, 151, 154, 159, 162, 164, 166, 170, 172, 177, 178, 181, 184, 186, 188, 192 & 195; and 4 

years on each of Counts 83-86, and 88-95. All such terms are to run concurrently.

 Special Conditions: 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 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; 3) The defendant shall provide the Probation Office access 

to any requested financial information; and 4) The defendant shall pay a fine as set forth on 

Sheets 5, Part A & 5, Part B of this Judgment. 

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) 

 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"

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Case 1:08-cr-00327-CG-B Document 766 Filed 09/01/10 Page 3 of 9
 Judgment 4

AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 3 - Supervised Release 

Defendant: A. SAMUEL KELLEY, II, a/k/a Alton Samuel Kelley, Jr.

Case Number: 1:08-CR-00327-001

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-00327-CG-B Document 766 Filed 09/01/10 Page 4 of 9
 Judgment 5

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

Defendant: A. SAMUEL KELLEY, II, a/k/a Alton Samuel Kelley, Jr.

Case Number: 1:08-CR-00327-001

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: $13,000.00 $30,000.00 $ 

 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 

Address(es) of Payee(s)

*Total 

Amount of Loss

Amount of 

Restitution Ordered

Priority Order 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.

X 

Case 1:08-cr-00327-CG-B Document 766 Filed 09/01/10 Page 5 of 9
 Judgment 6

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

Defendant: A. SAMUEL KELLEY, II, a/k/a Alton Samuel Kelley, Jr.

Case Number: 1:08-CR-00327-001

SCHEDULE OF PAYMENTS

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

due as follows: 

A Lump sum payment of $ 43,000.00 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: The fine is due 

immediately and payable in full, and is to be paid through the Clerk, U.S. District Court. If the 

fine is not immediately paid, as a special condition of supervised release, the Probation Office shall 

pursue collection of any balance remaining in installments to commence no later than 30 days 

after date of sentencing. If the fine is to be paid in installments, the court orders that the 

defendant make at least minimum monthly payments in the amount of $500.00. 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, and 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. 

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 property to the United States as set forth in 

the preliminary order of forfeiture entered on 8/25/2010 (Doc. 757). 

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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Case 1:08-cr-00327-CG-B Document 766 Filed 09/01/10 Page 6 of 9
Judgment in a Criminal Case: Sheet 1 Continued Judgment 7

Defendant: A. SAMUEL KELLEY, II, a/k/a Alton Samuel Kelley, Jr. Judgment - Page 1A 

Case Number: 1:08-CR-00327-001

ADDITIONAL COUNTS OF CONVICTION 

 Date Offense Count 

Title & Section Nature of Offense Concluded Numbers

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/11/2005 2,3 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 05/03/2005 4 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 12/06/2005 5,6,7 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 12/13/2005 8,9 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 01/13/2006 10,11 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 01/17/2006 12,13 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 01/27/2006 14,15 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/21/2006 16,17 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/21/2006 18,19,20 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 05/15/2006 21,22 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 05/16/2006 23,24,25 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 07/05/2006 26,27 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 07/18/2006 28,29 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 08/16/2006 30 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 08/21/2006 31,32 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 02/28/2006 33,34 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 03/07/2006 35 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 03/13/2006 36,37 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 03/28/2006 38,39 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/04/2006 40-44 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/11/2006 45 

 of controlled substance. 

Case 1:08-cr-00327-CG-B Document 766 Filed 09/01/10 Page 7 of 9
Judgment in a Criminal Case: Sheet 1 Continued Judgment 8

Defendant: A. SAMUEL KELLEY, II, a/k/a Alton Samuel Kelley, Jr. Judgment - Page 1B 

Case Number: 1:08-CR-00327-001 

ADDITIONAL COUNTS OF CONVICTION 

 Date Offense Count 

Title & Section Nature of Offense Concluded Numbers

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/18/2006 46,47,48 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/27/2006 49 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 05/25/2006 50 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 06/06/2006 51 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/20/2005 52,53 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/22/2005 54,55,56 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/25/2005 57 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 05/02/2005 58 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 03/31/2004 59-64 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/01/2004 65-68 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/05/2004 69,70 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 03/30/2004 71-75 

 of controlled substance. 

21 USC § 841(a)(1) Unlawful distribution and dispensing 04/02/2004 76-82 

 of controlled substance. 

21 USC § 859 Unlawful distribution of controlled 04/20/2004 83,84 

 substances to a person under 21 years of age. 

21 USC § 859 Unlawful distribution of controlled 05/05/2004 85,86 

 substances to a person under 21 years of age. 

21 USC § 859 Unlawful distribution of controlled 03/23/2005 88,89 

 substances to a person under 21 years of age. 

21 USC § 859 Unlawful distribution of controlled 04/12/2005 90 

 substances to a person under 21 years of age. 

21 USC § 859 Unlawful distribution of controlled 04/21/2005 91 

 substances to a person under 21 years of age. 

21 USC § 859 Unlawful distribution of controlled 05/02/2005 92 

 substances to a person under 21 years of age. 

21 USC § 859 Unlawful distribution of controlled 06/09/2005 93,94 

 substances to a person under 21 years of age. 

21 USC § 859 Unlawful distribution of controlled 03/07/2006 95 

 substances to a person under 21 years of age. 

Case 1:08-cr-00327-CG-B Document 766 Filed 09/01/10 Page 8 of 9
Judgment in a Criminal Case: Sheet 1 Continued Judgment 9

Defendant: A. SAMUEL KELLEY, II, a/k/a Alton Samuel Kelley, Jr. Judgment - Page 1C 

Case Number: 1:08-CR-00327-001

ADDITIONAL COUNTS OF CONVICTION 

 

 Date Offense Count 

Title & Section Nature of Offense Concluded Numbers

18 USC § 1956(h), Conspiracy to commit 08/31/2006 96 

 1956(a)(1)(A)(i), & 2 money laundering. 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 10/10/2003 98 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 11/11/2003 102 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 12/09/2003 105 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 01/15/2004 107 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 02/10/2004 110 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 03/17/2004 112 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 04/09/2004 115 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 04/22/2004 119 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 05/14/2004 120 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 06/11/2004 123 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 07/14/2004 126 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 08/20/2004 129 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 09/09/2004 131 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 10/18/2004 133 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 11/09/2004 135 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 12/07/2004 139 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 01/13/2005 142 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 02/11/2005 145 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 03/07/2005 148 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 04/12/2005 151 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 05/12/2005 154 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 06/15/2005 159 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 07/13/2005 162 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 10/13/2005 164 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 11/16/2005 166 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 12/15/2005 170 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 01/18/2006 172 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 02/20/2006 177 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 03/02/2006 178 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 04/05/2006 181 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 05/02/2006 184,186 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 06/02/2006 188 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 07/10/2006 192 

18 USC § 1956(a)(1)(A)(i) & 2 Money laundering. 08/14/2006 195 

Case 1:08-cr-00327-CG-B Document 766 Filed 09/01/10 Page 9 of 9