AO 245C (Rev. 09/11) Amended Judgment in a Criminal Case: Sheet 1 (NOTE: Identify changes with Asterisks (*))

United States District Court

SOUTHERN DISTRICT OF ALABAMA

UNITED STATES OF AMERICA AMENDED JUDGMENT IN A CRIMINAL CASE

V.

XIAOBING CHEN CASE NUMBER: 1:15-CR-00102-004; 1:15-CR-00179-004

 USM NUMBER: 14281-003

Date of Original Judgment: 4/11/2016

James M. Scroggins, Jr., Esquire

Defendant's Attorney

Reason for Amendment:

 Correction of Sentence on Remand (18 U.S.C. § 3742(f)(1) and 2)) 

 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:

pleaded guilty to count(s) . 

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

was found guilty on count 3,4,5 & 7 in 15-102 & 2 in 15-179 on 11/6/15 after a plea of not guilty.

The defendant is adjudicated 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

(Additional counts of conviction on next page.)

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 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 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.

April 25, 2016

Date of Imposition of Judgment

/s/ Callie V. S. Granade

SENIOR UNITED STATES DISTRICT JUDGE

April 25, 2016

Date

X

X

X

Case 1:15-cr-00102-CG-B Document 346 Filed 04/25/16 Page 1 of 7
 Judgment 2

AO 245C (Rev. 09/11) Amended 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 346 Filed 04/25/16 Page 2 of 7
 Judgment 3

AO 245C (Rev. 09/11) Amended Judgment in a Criminal Case: Sheet 2 - Imprisonment

Defendant: XIAOBING CHEN

Case Number: 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 are to be served concurrently.

Special Conditions:

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

Case 1:15-cr-00102-CG-B Document 346 Filed 04/25/16 Page 3 of 7
 Judgment 4

AO 245C (Rev. 09/11) Amended Judgment in a Criminal Case: Sheet 3 - Supervised Release

Defendant: XIAOBING CHEN

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

SUPERVISED RELEASE

*Within 72 hours of completion of the defendant’s custody sentence with the Bureau of Prison, the 

defendant is to report to the United States Probation Office, Southern District of Alabama for instruction 

as to his supervised release term, which shall not exceed one (1) year.

Special conditions of the supervised release term will include: (a) Defendant will make arrangements 

with the Clerk of the Court to retrieve his passport. (b) Defendant will make immediate arrangements 

for his departure from the United States and repatriation to China. (c) Defendant will communicate 

these arrangements for departure and repatriation to the United States Probation Office. (d) Upon 

departure from the United States defendant’s supervision will expire. (e) Failure to comply with these 

special conditions or any other conditions of supervision could result in the defendant’s violation of 

supervision and additional custody time. 

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 1:15-cr-00102-CG-B Document 346 Filed 04/25/16 Page 4 of 7
 Judgment 5

AO 245C (Rev. 09/11) Amended Judgment in a Criminal Case: Sheet 3 - Supervised Release

Defendant: XIAOBING CHEN

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

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

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 1:15-cr-00102-CG-B Document 346 Filed 04/25/16 Page 5 of 7
 Judgment 6

AO 245C (Rev. 09/11) Amended Judgment in a Criminal Case: Sheet 5, Part A - Criminal Monetary Penalties

Defendant: XIAOBING CHEN

Case Number: 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 346 Filed 04/25/16 Page 6 of 7
 Judgment 7

AO 245C (Rev. 09/11) Amended Judgment in a Criminal Case: Sheet 5, Part B - Schedule of Payments

Defendant: XIAOBING CHEN

Case Number: 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

Case 1:15-cr-00102-CG-B Document 346 Filed 04/25/16 Page 7 of 7