You're viewing Docket Item 211 from the case . View the full docket and case details.

Download this document:




~AO 245C (Rev. 06/05) Amended Judgment in a Criminal Case

Case 1:11-cr-00614-VM Document 211 Filed 03/08/13 Page 1 of 5

(NOTE: Identify Changes with Asterisks (*»

Sheet 1

UNITED STATES DISTRICT COURT


Southern

District of

New York

UNITED STATES OF AMERICA

AMENDED JUDGMENT IN A CRIMINAL CASE

V.

JEFFREY RINCHEY

Date of Original Judgment: 2/25/2013
(Or Date of Last Amended Judgment)
Reason for Amendment:
D Correction of Sentence on Remand (18 U.S.C. 3742(f)(1) and (2»
D Reduction of Sentence for Changed Circumstances (Fed. R. Crim.

P. 35(b)}

D Correction of Sentence by Sentencing Court (Fed. R. Crim. P. 35(a»
lit' Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36)

Case Number: 11 CR 614-18
USM Number: 66029-054
Peter Tommaso
Defendant's Attorney

D Modification of Supervision Conditions (18 U.S.c. §§ 3563(c) or 3583(e»
D Modification ofImposed Term ofImprisonmenl for Extraordinary and

Compelling Reasons (IS U.S.C. § 35S2(c)(I)

D Modification ofimposed Term ofimprisonment for Retroactive Amendment(s)

to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2»

D Direct Motion 10 District Court Pursuant D 28 U.S.C. § 2255 or

D IS U.S.C. § 3559(c)(7)

D Modification of Restitution Order (18 U.S.C. § 3664)

THE DEFENDANT:
r;t pleaded guilty to count(s) Six of Superseding Indictment S1 11 CR 614
D pleaded nolo contendere to count(s)

which was accepted by the court.

D was found guilty on count(s)

after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

The defendant is sentenced as provided in pages 2 through

the Sentencing Refonn Act of 1984.
D The defendant has been found not gUilty on count(s)
D is
~. Count(s) all remaining counts

9

-----

of this judgment. The sentence is imposed pursuant to

r;tare dismissed on the motion of the United States.

It is ordered that the defendant must notity the United States Attorney for this district within 30 days ofany change ofname, residence,
or mailing address until aJ] rmes, restitution, costs, and special assessments imposed by this judgment are fully paid. Ifordered to pay restitution,
the defendant must notity the court and United States attorney of material changes in economic circumstances.

~tJsnc sl5~y
DOCl';'I.l E:".'T
El rCTRO:\IC,\l.LY I'ILBD


. DOC;r·

•tP~ArE nU.l):

2/22/20

Name of Judge
3/8/2013
Date

U.S.D.J .
Title of Judge

AO 245C

(Rev. 06/05) Amended Judgment in a Criminal Case

Sheet 2 -

Case 1:11-cr-00614-VM Document 211 Filed 03/08/13 Page 2 of 5
Imprisonment

(NOTE: IdentifY Changes with Asterisks ('»


DEFENDANT: JEFFREY RINCHEY

CASE NUMBER: 11 CR 614-18

IMPRISONMENT

Judgment - Page _2__ of

9


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


total term of


N/A

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

o The defendant is remanded to the custody of the United States Marshal.
o The defendant shall surrender to the United States Marshal for this district:

o a.m 0

p.m.

on

as notified by the United States Marshal.

o The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

at

o
o

o
o
o

before 2 p.m. on

as notified by the United States Marshal.

as notified by the Probation or Pretrial Services Office.

I have executed this judgment as follows:

RETURN

Defendant delivered on

______________________________ to

at _________________________ with a certified copy ofthis judgment.

UNITED STATES MARSHAL

By_______________________________

DEPUTY UNITED STATES MARSHAL

Case 1:11-cr-00614-VM Document 211 Filed 03/08/13 Page 3 of 5

(NOTE: IdentifY Changes with Asterisks (*))


Judgment-Page __3_ of


9

AO 245C

(Rev. 06/05) Amended Judgment in a Criminal Case

Sheet 4 - Probation

DEFENDANT: JEFFREY RINCHEY

CASE NUMBER: 11 CR 614-18

PROBATION

The defendant is hereby sentenced to probation for a tenn of:

Five (5) years.

The defendant shall not commit another federal, state, or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled

substance. The defendant shall submit to one drug test within IS days of placement on probation and at least two periodic drug tests

thereafter as detennined by the court.

o The above drug testing condition is suspended, based on the court's detennination that the defendant poses a low risk of

future substance abuse. (Check, if applicable.)

lit The defendant shall not possess a fireann, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
lit The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, ifapplicable.)
o 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.)

o The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fme or restitution, it is a condition of probation that the defendant pay in accordance with the

Schedule of Payments sheet of this judgment.

The defendant shall comply with the standard conditions that have been adopted by this court as well as with the additional

conditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION

I)

2)

3}

4)

5)

6)

7)

8)

9)

IO}

11)

12)

13)

the defendant shall not leave the judicial district without the pennission of the court or probation officer;


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;

the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

the defendant shall support his or her dependents and meet other family responsibilities;

the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;
the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

the defendant shall refrain from excessive use ofalcohol 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;

the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

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 pennission to do so by the pr05ation officer;

the defendant shall penn it a probation officer to visit him or her at any time at home or elsewhere and shall pennit confiscation of
any contraband observed in plain view of the probation officer;
the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement officer;
the defendant shall not enter into any agreement to act as an infonner or a special agent of a law enforcement agency without the
penn iss ion of the court; and
as directed by the probation officer, the defendant shall notify third parties ofrisks that may be occasioned by the defendant's criminal
record1 personal history, or characteristics and shall penn it the probation officer to make such notifications and confinn the
defenoant's compliance with such notification requirement.

Case 1:11-cr-00614-VM Document 211 Filed 03/08/13 Page 4 of 5

AO 245C

(Rev. 06/05) Amended Judgment in a Criminal Case

Sheet 4A - Probation

DEFENDANT: JEFFREY RINCHEY

CASE NUMBER: 11 CR 614-18


(NOTE: Identify Changes with Asterisks (*»


Judgment-Page ~ of _.....;;.9__

ADDITIONAL PROBATION TERMS

(1) DEFENDANT SHALL BE COMMITTED TO A COMMUNITY FACILITY FOR THIRTY (30) DAYS DURING NIGHTS OR
WEEKEND INTERVALS AS DIRECTED BY THE PROBATION OFFICER.

AO 245C

(Rev. 06/05) Amended Judgment in a Criminal Case

Sheet 5 - Criminal Monetary Penalties

Case 1:11-cr-00614-VM Document 211 Filed 03/08/13 Page 5 of 5

(NOTE: IdentilY Changes with Asterisks (0»


Judgment- Page __5_,of

9

DEFENDANT: JEFFREY RINCHEY
CASE NUMBER: 11 CR 614-18

CRIMINAL MONETARY PENALTIES

The defendant must pay the following total criminal monetary penalties under the schedule of payments on Sheet 6.

TOTALS

$ 100.00

Assessment

Fine

$ 2,000.00

Restitution

$

00 The determination of restitution is deferred until

entered after such determination.

------

. An Amended Judgment in a Criminal Case (AO 245C) will be

D The defendant shall make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment/. unless specified otherwise
in the priority order or percentage payment column below. However, pursuant to 18 U'-S.C. § 3664(i), all nonrederal VictimS must be paid
before the United States is paid.

s
TOTALS
-------
D Restitution amount ordered pursuant to plea agreement $ _________

s

D The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine 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 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g}.

D The court determined that the defendant does not have the ability to pay interest, and it is ordered that:

D the interest requirement is waived for D fine D restitution.
D the interest requirement for

D fine

D restitution is modified as follows:

• Findings for the total amount of losses are required under Chapters 109A, 110, 11 OA, and 113A of Title 18 for offenses committed on or
after September 13, 1994, but before April 23, 1996.