I 24SB (Rev. l2/03) Iudgrnent in a Criminal Case - sneer 1 . . UNITED STATES DISTRICT COURT Eastern District of North Carolina I UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE . KIMBERLY DENISE HARRIS Case Number: . I I USM Number-: 51474-056 WILLIAM DELAHOYDE -- - narendsurs Attomey - I THE DEFENDANT: I pleaded guilty to count(s) ONE - INDICTMENT EI pleaded nolo contendere to count(s) I which was accepted by the court. . I was found guilty on cormt(s) - alter a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title Section Nature of Offense Offense Ended Count 18 U.S.C. 922(g)(1) and 924 Possession of Fiream1s by a Felon 1/31/2008 1 I I The defendant is sent ced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. I El The defendant has been found not guilty on count(s) . Count(s) El is are dismissed on the motion of the United States. It is ordered that the def dant must notify the United States attorney for this district within 30 da of any ch of name, residence, ormailinghaddress until all lines, restitution, costs, and special asses ments impo ed by this judgment are ful}; paid. If oiiggred to pay restitution, I the defen nt must notify the court and United States attorney of material changes in economic circumstances. I Sentencing Location: 10[6[2009 I WILMINGTON, NORTH CAROLINA Dm ?fI?dzm=?? A Ig" In 6 Z1., . ture offudge I I I . JAMES C. FOX, SENIOR U.S. DISTRICT JUDGE Name and Title of Judge . . I- 10/6/2009 . Case 5:08-cr-00155-F Document 46 Filed 10/06/09 Page 1 of 6 1 AO use (mv. cammr cm NCED Sheet 2 elmprisomnent . Judgm?m=mg? 2 of 5 DEFENDANT: KIMBERLY DENISE HARRIS CASE NUMBER: . IMPRISONMENT . . - I - I The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 100 -- I The court makes the following recomm datioris to the Bureau of Prisons: 6 defendant is remanded to the custody of the United States Marshal. EI The defendant shall surrender to the United States Marshal for this district: I Ei at El a.m. p.m. on . as notified by the United States Marshal. - 2 The defendant shall surrender for ervice of entence at the institution designated by the Bureau of Prisons: before p.m. on . as notified by me united Mmm. Or El as notified by the Probation or Pretrial Services Office. I have executed-this judgment as follows: I i Defendant delivered on . to a with a certified copy of this judgment. UNITEDSTATESMARSHAL BY 5 umrsn s1?.o.rEs mizsrm. 5 2 - . i Case 5:08-cr-00155-F Document 46 Filed 10/06/09 Page 2 of 6 i i NCED Sheet 3 --Supervised Release . . - DEFENDANT: KIMBERLY DENISE HARRIS I CASE NUIVIBERZ I I . SUPERVISED RELEASE I Upon release from imprisomnent, the defendant shall be on supervised release for a term of: I 3 YEARS 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. I I . I The defendant shall not commit another federal, state or local crime. - I The defendant shall not unlawfullLpIossess a controlled substance. The defendant shall refrain from any use of a controlled I substance. The defendant shall su rt to one drug test within 15 days of release from imprisomnent and at least two periodic drug tests thereafier, as determined by the cornt. The above drug testing condition is suspended, based on the c0urt's determination that the defendant po es a low risk of future substance abuse. I The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. (Check, if applicable.) I The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) . The defendant shall register with _the state sex offender registration agency in the state where the def dant resides, works, or is a i student, as drrected by the probation officer. (Check, if applicable.) El The defendant shall participate in an approved program for domestic viol ce. (Check, if applicable.) it is a condition of supervised release that the defendant pay in accordance with the - The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions I on the attached page. I STANDARD CONDITIONS OF SUPERVISION l. defendant shall not leave the judicial district or other specified geographic area without the permission of the court or probation rcer. . 2. The defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report the first five (5) days of each month. I 3. The defendant shall answer all inquiries by the probation officer and follow the instructions of the probation officer. i 4. The defendant shall support the defendant's dependents and meet other family responsibilities. I II 5. The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other I acceptable reasons. . - 6. The defendant shall notify the probation officer at least then (10) days prior to any change of 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 substance, except as prescribed by a physician. 8. The defendant shall not frequent places where controlled substances are illegally sold, used distributed, or administered, or other I places specified by the court. . I 9. The defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of I a felony rmless granted permission to do so by the pro ation omcer. 10. The defendant shall permit a Eispation officer to visit the defendant at any time at home or elsewhere and shall permit confiscation of any contraband observed view by the probation officer. . ll. defendant shall notify the probation- ofiicer within seventy-two (72) hours of being arrested or questioned by a law enforcement cer. I 12. The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforc agency without the I permission of the court. I 13. As directed by the probation omcer, the defendant shall notig third parties of risks that may be occasioned defendant's criminal record or personal history or characteristics, and permit the probation oEcer to make such no cations and to confirm- the defendant's compliance with such notification requirement. I - Case 5:08-cr-00155-F Document 46 Filed 10/06/09 Page 3 of 6 I AO 2458 (Rev. 12/03) Judgment in a Criminal Case I I NCEP Sb.ect3C--Superviscd Release . .. i 4; of KIMBERLY DENISE HARRIS - . CASE I SPECIAL OF SUPERVISION The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation olfice. - The defendant shall provide the probation office with access to any requested financial information. The defendant shall cooperate in the collection of DNA as directed by the probation officer. . i The defendant shall participate as directed in a program approved by the probation office for the treatment of narcotic addiction, drug dependency, or alcohol dependency which will include urinalysis testing or other drug detection measures and may require residence or participation in a residential treatment facility. i The defendant shall consent to a warrantless search by. a United States Probation Officer or, at the request of the probation officer, any other law enforcement officer, of the defendant's person and premises, including any vehicle, to detemline compliance with the conditions of this judgment. The defendant shall participate in such vocational training program as may be directed by the probation officeCase 5:08-cr-00155-F Document 46 Filed 10/06/09 Page 4 of 6 i A0 245B (Rev. 12/03) Judgment in a (kiminal Case NCED Sheet 5 -- Criminal Monetary Penalties Judgment Page of 5 KIMBERLY DENISE HARRIS I class NUMBER: 551 CRHVIINAL MONETARY PENALTIES I The defendant must pay the total eriminal monetary penalties under the schedule of payments on Sheet 6. Assessment Fine Restitution TOTALS 100.00 4,752.00 The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered I after such determination. I El The defendant must make restitution (including community restitution) to the following payees in the amount listed below; I I Ifth defendant ak partial' t, ll roxuna' te rti ed ayment, unl ecined otherwise in I the griority ordein or gingcentage TuptirPsi)11ant to ISIIUISE. 316646:), all nonfedtgial ijrictims must be paid before the United States is paid. Name of Payee Restitution Ordered Priority or Percentage TQTALS . I $0.00 $0.00 I 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 atter the date of the judgment, pursuant to 18 U.S.C. 36l2(t). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. 36l2(g). I 6 The court determined that the defendant does not have the ability to pay interest and it is ordered that: 6 the interest requirement is waived for the *6 fine . restitution. . the interest requirement for the fine restitution is modified as followsFindings for the total of losses are re%uired under Chapters 109A, 1 10, 10A, and 1 13A of Title 18 for offenses committed on or after I Sept ber 13, 1994, but before April 23Case 5:08-cr-00155-F Document 46 Fnled 10/06/09 Page 5 of 6 I I I AO 24SB (Rev. 12/03) Judgment in a Criminal Case I NCED Sheet 6 -- Schedule of Payments I Judgment-Page 5 or 5 I DEFENDANT: KIMBERLY DENISE HARRIS CASE 55-1 I SCHEDULE OF PAYMENTS Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: - I A Lump sum payment of due immediately, balance due I i not later than or in accordance C, D, E, or below; or I I Payment to begin immediately (may be combined with C, [1 D, or [1 below); or Payment in equal weekly, quarterly) installments of over a period of I month or years), to commence 30 or 60 days) after the date of this judgment; or Payment in equal weekly, quarterly) installments of over a period of months or years), to commence 30 or 60 days) alter release from imprisonment to a term of supervision; or I Payment during the term of supervised release will commence within 30 or 60 days) alter 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 I [1 Special instructions regarding the payment of criminal monetary penalties: i The special assessment line shall be due in full immediately. L. I I I Unless the courthas ressl ordered otherwise, if this 'ud ent im oses im risomne t, a tofc im' almonetmjy enalties is imprisonment. All cxrilntinallmonetaig penalties, pajgments niiade tluoizgli dig lilederal B$reau of Pnsd'ns' lmnate I Responsibility Program, are made to clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. I EI Joint and Several I Defendant and Co~Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, I and corresponding payee, if appropriate. I I . I The defendant shall pay the cost of prosecution. I The defendant shall pay the following court cost(s): I The defendant shall forfeit the defendant's interest in the following property to the United States: I tshallb order:l t,2 tituti "al,3 tituti `terest,4li I (7) aorl1dudourt cogtg. uc pmmpa - I Case 5:08-cr-00155-F Document 46 Filed 10/06/09 Page 6 of 6 I I I