Judgment 1

AO 245D (Rev. 12/03) Judgment in a Criminal Case for Revocations (PACTS Client I.D. #1631)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF ALABAMA

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

V. (For Revocation of Supervised Release)

JOHN ARTHUR McCARTHY

CASE NUMBER: 1:12-00080-001

USM NUMBER: 05695-003

THE DEFENDANT: Cindy Powell, Esquire

Defendant's Attorney

admitted guilt to violation of supervision conditions.

was found in violation of supervision condition: STANDARD CONDITION #11 AND THE 

STATUTORY CONDITION (HOME REPAIR FRAUD), both as charged in the Probation Form 12-C 

dated February 3, 2016. The Court made no finding as to the Statutory Condition (Theft by Deception).

Violation Number Nature of Violation

Date violation

Occurred

Standard Condition #11

Statutory Condition

Technical

New Offense (Home Repair

Fraud)

3/1/2015

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 not violated condition(s) and is discharged as to such violation(s) 

condition.

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.

February 16, 2016

Date of Imposition of Judgment

s/Charles R. Butler, Jr.

Senior United States District Judge

February 17, 2016

Date

X

Case 1:12-cr-00080-CB-N Document 38 Filed 02/17/16 Page 1 of 4
Judgment 2

AO 245D (Rev. 12/03) Judgment in a Criminal Case for Revocations: Sheet 2 - Imprisonment

Defendant: JOHN ARTHUR McCARTHY

Case Number: 1:12-00080-001

IMPRISONMENT

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

imprisoned for a total term of 8 MONTHS.

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

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 .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

X

Case 1:12-cr-00080-CB-N Document 38 Filed 02/17/16 Page 2 of 4
Judgment 3

AO 245D (Rev. 12/03) Judgment in a Criminal Case for Revocations: Sheet 3 - Supervised Release

Defendant: JOHN ARTHUR McCARTHY

Case Number: 1:12-00080-001

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 28 months.

Special Conditions: The Court re-imposes all of the original conditions that were initially imposed on October 

22, 2012; and, adds a new special condition: the defendant shall submit his person, house, residence, vehicle(s), 

papers, [computers (as defined by 18 U.S.C. § 1030(e)(1)) or other electronic communications or data storage 

devices or media], business or place of employment, and any other property under the defendant's control to a 

search, conducted by a United States Probation Officer at a reasonable time and in a reasonable manner, based 

upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to submit to 

a search in accordance with this condition may be grounds for revocation. The defendant shall warn any other 

occupants that the premises may be subject to searches pursuant to this condition.

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"

X

Case 1:12-cr-00080-CB-N Document 38 Filed 02/17/16 Page 3 of 4
Judgment 4

AO 245D (Rev. 12/03) Judgment in a Criminal Case for Revocations: Sheet 3 - Supervised Release

Defendant: JOHN ARTHUR McCARTHY

Case Number: 1:12-00080-001

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 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 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 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 1:12-cr-00080-CB-N Document 38 Filed 02/17/16 Page 4 of 4