$2 % 5HY 9$: $GGLWLRQV -XGJPHQW LQ D &ULPLQDO &DVH 6KHHW 81,7(' 67$7(6 ',675,&7 &2857 :HVWHUQ 'LVWULFW RI 9LUJLQLD 81,7(' 67$7(6 2) $0(5,&$ JUDGMENT IN A CRIMINAL CASE 9 &DVH 1XPEHU DVAW318CR000011-001 JAMES ALEX FIELDS, JR. &DVH 1XPEHU 860 1XPEHU 22239-084 Lisa M. Lorish, AFPD; Frederick T. Heblich, Jr., AFPD 'HIHQGDQW V $WWRUQH\ 7+( '()(1'$17 SOHDGHG JXLOW\ WR FRXQW V One, Two through Twenty-nine SOHDGHG QROR FRQWHQGHUH WR FRXQW V ZKLFK ZDV DFFHSWHG E\ WKH FRXUW ZDV IRXQG JXLOW\ RQ FRXQW V DIWHU D SOHD RI QRW JXLOW\ 7KH GHIHQGDQW LV DGMXGLFDWHG JXLOW\ RI WKHVH RIIHQVHV Title & Section Nature of Offense Offense Ended Count 18 USC §249(a)(1) Hate Crime Act Resulting in Death 08/12/2017 1 18 USC §249(a)(1) Hate Crime Act Involving Attempt to Kill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ichael F. Urbanski Digitally signed by Michael F. Urbanski DN: cn=Michael F. Urbanski, o=Western District of Virginia, ou=United States District Court, email=mikeu@vawd.uscourts.gov, c=US Date: 2019.07.01 16:58:28 -04'00' 6LJQDWXUH RI -XGJH Michael F. Urbanski, Chief United States District Judge 1DPH DQG 7LWOH RI -XGJH July 1, 2019 'DWH Case 3:18-cr-00011-MFU Document 57 Filed 07/02/19 Page 1 of 4 Pageid#: 364 $2 % 5HY 9$: $GGLWLRQV -XGJPHQW LQ &ULPLQDO &DVH 6KHHW ,PSULVRQPHQW -XGJPHQW 3DJH 2 RI '()(1'$17 JAMES ALEX FIELDS, JR. &$6( 180%(5 DVAW318CR000011-001 IMPRISONMENT 7KH GHIHQGDQW LV KHUHE\ FRPPLWWHG WR WKH FXVWRG\ RI WKH )HGHUDO %XUHDX RI 3ULVRQV WR EH LPSULVRQHG IRU D WRWDO WHUP RI LIFE without the possibility of release as to Count 1; LIFE without the possibility of release as to Cts-2-29 said terms to run concurrently to each other but consecutively to the term imposed in Count. 1. This sentence shall run concurrently with the defendant's sentence of imprisonment in Docket No.: CR17000296 in Charlottesville Circuit Court 7KH FRXUW PDNHV WKH IROORZLQJ UHFRPPHQGDWLRQV WR WKH %XUHDX RI 3ULVRQV The defendant shall receive mental health treatment and be housed in a facility close to his home consistent with his security classification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ase 3:18-cr-00011-MFU Document 57 Filed 07/02/19 Page 2 of 4 Pageid#: 365 4 AO 245B (Rev. /1 - VAW Additions /1 ) Judgment in a Criminal Case Sheet 5 - Criminal Monetary Penalties Judgment-Page DEFENDANT: JAMES ALEX FIELDS, JR. CASE NUMBER: DVAW318CR000011-001 3 of 4 CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment $ 2,900.00 TOTALS JVTA Assessment* $ Fine $ 2,900.00 Restitution $ The determination of restitution is deferred until 9/26/19 . An Amended Judgment in a Criminal Case (AO 245C) will be entered after such 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 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. Name of Payee Restitution Ordered Total Loss** Priority or Percentage TOTALS 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 the interest requirement for the fine fine restitution. restitution is modified as follows: * Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22. **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. Case 3:18-cr-00011-MFU Document 57 Filed 07/02/19 Page 3 of 4 Pageid#: 366 AO 245B (Rev. /1 - VAW Additions / ) Judgment in a Criminal Case Sheet 6 - Schedule of Payments DEFENDANT: JAMES ALEX FIELDS, JR. Judgment - Page 4 of 4 CASE NUMBER: DVAW318CR000011-001 SCHEDULE OF PAYMENTS Having assessed the defendant's ability to pay, the total criminal monetary penalties are due immediately and payable as follows: A Lump sum payment of $ 2,900.00 immediately, balance payable not later than in accordance , or C, D, E, F or, B Payment to begin immediately (may be combined with C 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 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 During the term of imprisonment, payment in equal (e.g., weekly, monthly, quarterly) installments of $ , or % of the defendant's income, whichever is greater , to commence (e.g., 30 or 60 days) after the date of this judgment; AND payment in equal (e.g., weekly, monthly, quarterly) installments of $ during the term of supervised release, to commence (e.g., 30 or 60 days) after release from imprisonment. Special instructions regarding the payment of criminal monetary penalties: G C, G below); or D, F, or G below); or In equal monthly installments of $25.00, or 50% of the defendant's income, whichever is greater, to commence 60 days after the date of this judgment. Any installment schedule shall not preclude enforcement of the restitution or fine order by the United States under 18 U.S.C §§ 3613 and 3664(m). Any installment schedule is subject to adjustment by the court at any time during the period of imprisonment or supervision, and the defendant shall notify the probation officer and the U.S. Attorney of any change in the defendant's economic circumstances that may affect the defendant's ability to pay. All criminal monetary penalties shall be made payable to the Clerk, U.S. District Court, )UDQNOLQ 5G 6XLWH , Roanoke, Virginia 240 , IRU disbursement. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. Any obligation to pay restitution is joint and several with other defendants, if any, against whom an order of restitution has been or will be entered. 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)57 costs, including cost of prosecution costs. Case 3:18-cr-00011-MFU Document Filed 07/02/19 Page 4 and of 4court Pageid#: 367