AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 1 (1518641)

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)

XIAOBING CHEN CASE NUMBERS: 1:15-CR-00102-004

 1:15-CR-00179-004

USM NUMBER: 14281-003

THE DEFENDANT: James M. Scroggins, Jr. 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 3, 4, 5 & 7 in 15-102 & 2 in 15-179 on 11/6/15 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

Nos

33 USC § 1908(a)

& 18 USC § 2

Knowing failure to maintain accurate

Garbage Record Book - Act to Prevent

Pollution from Ships; aiding & abetting

11/12/2014 3

(See next page for additional counts of conviction.)

The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is 

imposed pursuant to the Sentencing Reform Act of 1984.

The defendant was acquitted by the jury on counts 1, 2 & 6 in 15-102 & 1 & 3 in 15-179 on

 11/6/15. 

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

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.

April 7, 2016

 Date of Imposition of Judgment

/s/ Callie V. S. Granade

 SENIOR UNITED STATES DISTRICT JUDGE

April 12, 2016

 Date

X

X

Case 1:15-cr-00102-CG-B Document 329 Filed 04/12/16 Page 1 of 5
 Judgment 2

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

Defendant: XIAOBING CHEN

Case Numbers: 1:15-CR-00102-004 & 1:15-CR-00179-004

ADDITIONAL COUNTS OF CONVICTION

Date Offense Count

Title & Section Nature of Offense Concluded Nos

18 USC § 1519 & Obstruction of justice; aiding & abetting. 11/12/2014 4, 5

18 USC § 2

18 USC § 1512(b) Witness tampering. 11/19/2014 7

The defendant is adjudicated guilty of the following offense in 1:15-cr-179:

Date Offense Count

Title & Section Nature of Offense Concluded No.

18 USC § 1519 Obstruction of justice; aiding & abetting 11/03/2014 2

& 18 USC § 2

Case 1:15-cr-00102-CG-B Document 329 Filed 04/12/16 Page 2 of 5
 Judgment 3

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

Defendant: XIAOBING CHEN

Case Numbers: 1:15-CR-00102-004 & 1:15-CR-00179-004

IMPRISONMENT

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

imprisoned for a total term of SIX (6) MONTHS as to each of Counts 3, 4, 5 & 7 in 15-102 and 

Count 2 in 15-179, all said terms to be served concurrently.

Special Condition: Immediately after incarceration, the defendant is to be delivered 

to a duly-authorized Immigration official for deportation consideration. If deported, the 

defendant is to remain outside the United States pursuant to 18 U.S.C. § 3583(d). If not 

deported, the defendant shall voluntarily repatriate to his home Country of China.

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 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

X

X

X

Case 1:15-cr-00102-CG-B Document 329 Filed 04/12/16 Page 3 of 5
 Judgment 4

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

Defendant: XIAOBING CHEN

Case Numbers: 1:15-CR-00102-004 & 1:15-CR-00179-004

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: $500.00 $ $

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.

Case 1:15-cr-00102-CG-B Document 329 Filed 04/12/16 Page 4 of 5
 Judgment 5

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

Defendant: XIAOBING CHEN

Case Numbers: 1:15-CR-00102-004 & 1:15-CR-00179-004

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 $ 500.00 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.

X

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