United States District Court
MIDDLE

District of

UNITED STATES OF AMERICA

TENNESSEE

JUDGMENT IN A CRIMINAL CASE

V.
Case Number:

3:11-00012-01

USM Number:

15875-075

ROBERT PORTER
Paul J. Bruno and James H. Todd
Defendant’s Attorney

THE DEFENDANT:
X

pleaded guilty to Count One and Three of the Indictment
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

Offense Ended

Count

21 U.S.C. § 846

Conspiracy to Distribute and Possess with Intent to Distribute December 2010
Controlled Substances, Including 500 Grams or More of Cocaine
and 280 Grams or More of Crack Cocaine (Enhanced Penalties
Pursuant to 21 U.S.C. §§ 841(b)(1)(A) and 851)

1

21 U.S.C. § 841(a)(1)

Possession with Intent to Distribute a Quantity of Cocaine and
28 Grams or More of Crack Cocaine (Enhanced Penalties
Pursuant to 21 U.S.C. §§ 841(b)(1)(B) and 851)

3

The defendant is sentenced as provided in pages 2 through
Sentencing Reform Act of 1984.

6

December 10, 2010

of this judgment. The sentence is imposed pursuant to the

The defendant has been found not guilty on count(s)
Counts

of the Indictment 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 must notify the Court and United States Attorney of material changes in economic circumstances.
October 1, 2013
Date of Imposition of Judgment

Signature of Judge

Kevin H. Sharp, United States District Judge
Name and Title of Judge

December 12, 2013
Date

Case 3:11-cr-00012 Document 1956 Filed 12/12/13 Page 1 of 6 PageID #: 10481

 Judgment – Page

DEFENDANT:
CASE NUMBER:

2

of

6

ROBERT PORTER
3:11-00012-01

IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 300 months,
which shall consist of terms of 300 months as to each of Counts One and Three, with such terms to run concurrently with each other.

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

X

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
at

to
, with a certified copy of this judgment.

UNITED STATES MARSHAL

By
DEPUTY UNITED STATES MARSHAL

Case 3:11-cr-00012 Document 1956 Filed 12/12/13 Page 2 of 6 PageID #: 10482

 Judgment – Page

DEFENDANT:
CASE NUMBER:

3

of

6

ROBERT PORTER
3:11-00012-01

SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a total term of ten years, which shall consist of terms
of ten years as to Court One and eight years as to Count Three, with such terms to run concurrently with each other.

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.

X

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.)

X

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 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.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule
of Payments sheet of this judgment.
The defendant must 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; and

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.

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 Judgment – Page

DEFENDANT:
CASE NUMBER:

4

of

6

ROBERT PORTER
3:11-00012-01

SPECIAL CONDITIONS OF SUPERVISION
1.

The Defendant is prohibited from owning, carrying or possessing firearms, ammunition, destructive devices or
other dangerous weapons.

2.

The Defendant shall cooperate in the collection of DNA as directed by the Probation Officer.

3.

The Defendant shall participate in a program of drug testing and substance abuse treatment which may include
a 30-day inpatient treatment program followed by up to 90 days in a residential reentry center at the direction of
the Probation Officer. The Defendant shall pay all or part of the cost for substance abuse treatment if the
Probation Officer determines the Defendant has the financial ability to do so or has appropriate insurance coverage
to pay for such treatment.

4.

The Defendant shall furnish all financial records, including, without limitation, earnings records and tax returns,
to the United States Probation Office upon request.

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 Judgment – Page

DEFENDANT:
CASE NUMBER:

5

of

6

ROBERT PORTER
3:11-00012-01

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the Schedule of Payments on the attached sheet.
Fine
$

Assessment
$200.00

TOTALS

The determination of restitution is deferred until
be entered after such determination.

Restitution
$

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

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 proportioned payment, unless specified
otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(I), all nonfederal
victims must be paid before the United States is paid.
Total Loss*

Name of Payee

TOTALS

$

Restitution Ordered

Priority or Percentage

$

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 the Schedule
of Payments sheet 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
in compliance with the payment schedule..
the interest requirement for the

fine

fine

restitution, as long as Defendant remains

restitution is modified as follows:

*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.

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 Judgment – Page

DEFENDANT:
CASE NUMBER:

6

of

6

ROBERT PORTER
3:11-00012-01

SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A

X

Lump sum payment of $ 200 (Special Assessment)
not later than
in accordance

due immediately, balance due

, or
C,

B

Payment to begin immediately (may be combined with

C

Payment in equal

D,

E, or
C,

D, or

F below; or
F below); or

(e.g., 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., 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:

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Financial
Responsibility Program, are made to the clerk of the court.
The defendant shall 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 the cost of prosecution and court costs.

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