United States
v.
Coffey

United States District Court Eastern District of MissouriApr 3, 2012
CASE NUMBER; 4:11CR-00437-HEA-1 (E.D. Mo. Apr. 3, 2012)

CASE NUMBER; 4:11CR-00437-HEA-1 USM Number: 39064-044

04-03-2012

UNITED STATES OF AMERICA v. MICHAEL COFFEY

Henry Michael Miller, Jr. Defendant's Attorney


JUDGMENT IN A CRIMINAL CASE

Henry Michael Miller, Jr.


Defendant's Attorney


THE DEFENDANT:

[×] pleaded guilty to count(s) One (1), Two (2), and Three (3) of the Indictment on January 6,2012

[] pleaded nolo contendere to count(s)_________________which was accepted by the court.

[] was found guilty on count(s)_________________after a plea of not guilty

The defendant is adjudicated guilty of these offenses:

+--------------------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Date Offense Concluded ¦Count Number(s) ¦ +-----------------+-------------------+------------------------+-----------------¦ ¦TITLE 18 USC ¦Possession of Child¦Between January 1, 2007 ¦ ¦ ¦SECTION 2252A(a) ¦Pornography ¦and on or about ¦One (1) ¦ ¦(5)(B) ¦ ¦ ¦ ¦ +-----------------+-------------------+------------------------+-----------------¦ ¦ ¦ ¦November 30, 2010 ¦ ¦ ¦TITLE 18 USC ¦Possession of Child¦ ¦ ¦ ¦SECTION 2252A(a) ¦Pornography ¦On or about January 1, ¦Two (2) ¦ ¦(5)(B) ¦ ¦2007 and on or about ¦ ¦ ¦ ¦ ¦November 30, 2010 ¦ ¦ +-----------------+-------------------+------------------------+-----------------¦ ¦TITLE 18 USC ¦Possession of Child¦On or about June 17, ¦ ¦ ¦SECTION 2252A(a) ¦Pornography ¦2010 and November 30, ¦Three (3) ¦ ¦(5)(B) ¦ ¦2010 ¦ ¦ +--------------------------------------------------------------------------------+

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 has been found not guilty on count(s)_________________

[] Count(s)_________________dismissed on the motion of the United States.

It is ordered that the defendant must 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 must notify the court and United States attorney of material changes in economic circumstances.

April 3,2012


Date of Imposition of Judgment


_________________


Signature of Judge


Honorable Henry Edward Autrey


United States District Judge


Name & Title of Judge


IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 54 months

This term consists of a term of 54 months on each of Counts One, Two, and Three all such terms to be served concurrently.

[×] The court makes the following recommendations to the Bureau of Prisons:

While in the custody of the Bureau of Prisons, it is recommended that the defendant be evaluated for participation in the sex offenders counseling program, if this is consistent with the Bureau of Prisons policies. It is further recommended, that placement in a facility as close to St. Louis, Missouri as possible, if this is consistent with with the Bureau of Prisons policies.

[×] 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./pm 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



MARSHALS RETURN MADE ON SEPARATE PAGE

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of Life, This term consists of a term of life on each of counts one, two and three, all such terms to run concurrently.

The defendant must 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 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 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.

[] 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 not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)

[] The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

[] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check, if applicable.)

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

If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervised release 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 any additional conditions on the attached page.

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.

SPECIAL CONDITIONS OF SUPERVISION

1. The defendant shall comply with all federal, state, and local sex offender registration laws and provide verification of registration to the probation office.

2. The defendant shall participate in a sex-offense specific treatment program. The defendant shall enter, cooperate, and complete said program until released by the probation office. During the course of said treatment, the defendant shall be subject to periodic and random physiological testing which may include but is not limited to polygraph testing and/or other specialized assessment instruments. The defendant shall pay for the costs associated with treatment based on a co-payment fee approved by the probation office.

3. The defendant shall be prohibited from contact with children under the age of 18 without the prior written permission of the probation office and shall report to the probation office immediately, but in no event later than 24 hours, any unauthorized contact with children under the age of 18.

4. The defendant shall be prohibited from engaging in any occupation, business, profession, or volunteer work where he has access to children under the age of 18 without prior written approval from the probation office.

5. The defendant shall not frequent, loiter, or reside within 500 feet of schools, parks, playgrounds, arcades, daycare facilities or other places frequented by children under the age of 18, without prior written approval from the probation office.

6. The defendant shall not possess obscene material as deemed inappropriate by the probation office and/or treatment staff, or patronize any place where such material or entertainment is available.

7. The defendant shall not purchase or maintain a post office box or any other type of private mail box without written approval of the probation office.

8. The defendant shall submit his person, residence, office, computer, or vehicle to a search, conducted by the probation office based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. The defendant shall warn any other residents that the premises may be subject to searches pursuant to this condition.

9. The defendant shall not possess or use a computer, peripheral equipment, gaming equipment, cellular devices, or any other device with access to any "on line computer services," or subscribe to or use any Internet service, at any location (including employment) without the written approval of the probation office. If approval is given, the defendant shall consent to the probation office or probation service representative conducting unannounced examinations, including retrieval and copying of all data, of any computer(s) or computer related equipment to which the defendant has access, including web enabled cell phones and gaming systems to insure compliance with this condition and/or removal of such equipment for the purpose of conducting a more thorough inspection.

10. The defendant shall be prohibited from incurring new credit charges or opening additional lines of credit without the approval of the probation office so long as there is a balance on the Court-imposed financial obligation.

11. The defendant shall provide the probation officer and the Financial Litigation Unit (FLU) of the U.S. Attorney's Office access to any requested financial information. The defendant is advised that the probation office may share financial information with FLU.

12. The defendant shall apply all monies received from any anticipated and/or unexpected financial gains, including any income tax refunds, inheritances, or judgments, to the outstanding Court-ordered financial obligation. The defendant shall immediately notify the probation office of the receipt of any indicated monies.

13. Based on the low risk the defendant poses for future substance abuse, the COURT SUSPENDS the mandatory statutory drug testing requirements.

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on sheet 6

+-----------------------------------+ ¦ ¦Assessment¦Fine¦Restitution¦ +-------+----------+----+-----------¦ ¦Totals:¦$300.00 ¦ ¦ ¦ +-----------------------------------+

[] The determination of restitution is deferred until___. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such a determination.

[] The defendant must 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 proportional payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant ot 18 U.S.C. 3664(i), all nonfederal victims must be paid before the United States is paid.

+----------------------------------------------------------------------+ ¦Name of Payee¦Total Loss ¦Restitution Ordered¦Priority or Percentage¦ +-------------+-------------+-------------------+----------------------¦ ¦Totals: ¦ ¦ ¦ ¦ +----------------------------------------------------------------------+

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

[] Restitution amount ordered pursuant to plea agreement_________________

[] 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).

[] 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 [] restitution.
[] The interest requirement for the [] fine [] restitution is modified as follows:


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 $300.00 due immediately, balance due

[] not later than _________________, or
[] in accordance with [] C, [] D, or [] E below; or [] F below; or


B
[] Payment to begin immediately (may be combined with [] C, [] D, or [] E below; or [] F below; or

C Payment in equal _________________(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 equal _________________(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 pay at that time: or

F [×] Special instructions regarding the payment of criminal monetary penalties:

IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $100 on each of counts qone through three, for a total of $300. that shall be due immediately.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalty payments, except those payments made through the Bureau of Prisons' Inmate Financial Responsibility Program are made to the clerk of the court.

The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.

[] Joint and Several

Defendant and Co-defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.

[] 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.

UNITED STATES MARSHAL

RETURN OF JUDGMENT IN A CRIMINAL CASE

I have executed this judgment as follows:_________________

The Defendant was delivered on_________________ to_________________ at_________________, with a certified copy of this judgment.

_________________


UNITED STATES MARSHAL


By _________________


Deputy U.S. Marshal


[] The Defendant was released on _________________to_________________Probation

[] The Defendant was released on _________________to_________________Supervised Release

[] and a Fine of_________________[] and Restitution in the amount of_________________

_________________


UNITED STATES MARSHAL


By _________________


Deputy U.S. Marshal


I certify and Return that on_________________, I took custody of_________________ at_________________and delivered same to_________________ on_________________F.F.T._________________

U.S. MARSHAL E/MO

By DUSM_________________