USA v. Mosley

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA 	JUDGMENT IN A CRIMINAL CASE
(For Revocation of Supervised Release)
v.
Case Number: 1:13-CR-00063-001
FRANKLIN MOSLEY 	USM Number: 47715-048
Frederick G. Helmsing, Jr., Esquire
Defendant’s Attorney
THE DEFENDANT:
admitted guilt to violation of two special conditions and standard condition 2 of the terms of supervision as set forth in the
Petition dated 12/23/2020.
was found in violation of condition(s) 	after denial of guilt.
The defendant is adjudicated guilty of these violations:
Violation Number 	Nature of Violation 	Violation Ended
Special
2
Special
Technical
Technical
Technical
The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984.
The defendant has not violated condition(s) ________________________ and is discharged as to such violation(s)
condition.
IT IS FURTHER 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.
June 24, 2021
Date of Imposition of Judgment
/s/Terry F. Moorer
Signature of Judge
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
Name and Title of Judge
June 25, 2021
Date
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AO 245D (SDAL 01/16) Judgment in a Criminal Case 	Judgment -- Page 2 of 5
DEFENDANT: 	FRANKLIN MOSLEY
CASE NUMBER: 	1:13-CR-00063-001
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:
Twenty-four (24) months.
The court makes the following recommendations to the Bureau of Prisons: that the defendant be imprisoned at an
institution where mental health and substance abuse treatment programs are available.
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 	to
at 	, with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
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AO 245D (SDAL 01/16) Judgment in a Criminal Case 	Judgment -- Page 3 of 5
DEFENDANT: 	FRANKLIN MOSLEY
CASE NUMBER: 	1:13-CR-00063-001
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: Life.
Special Conditions:
1) The Defendant shall submit to periodic urine surveillance and/or breath, saliva and skin tests for the detection of drug abuse as
directed by the probation officer. The offender may incur costs associated with such detection efforts, based on ability to pay as
determined by the probation officer.
2) The Defendant shall participate in an assessment or a program, inpatient or outpatient, for the treatment of drug and/or alcohol
addiction, dependency or abuse which may include, but not be limited to urine, breath, saliva and skin testing to determine whether the
offender has reverted to the use of drugs and/or alcohol. Further, the offender shall participate as instructed by the probation officer
and shall comply with all rules and regulations of the treatment agency until discharged by the Program Director with the approval of
the probation officer. The offender shall further submit to such drug-detection techniques, in addition to those performed by the
treatment agency, as directed by the probation officer. The offender may incur costs associated with such drug/alcohol detection and
treatment, based upon the ability to pay, as determined by the probation officer.
3) The Defendant shall participate in mental health/sex offender treatment, evaluation testing, clinical polygraphs and other
assessment instruments as directed by the probation officer.
4) The Defendant shall register with the state sex offender registration agency in any state where he resides, is employed, carries on a
vocation, or is a student, pursuant to the provisions of Tier I as outlined in the Sex Offender Registration and Notification Act
(SORNA).
5) The Defendant shall not travel out-of-district throughout the term of supervision without written consent of the Probation
Office. If travel is approved, the offender may be required to participate in the location monitoring program, and follow location
monitoring procedures specified by the Probation Office. The offender may be required to pay the daily cost of such monitoring.
(See page 5 for additional conditions of SRT.)
For offenses committed on or after September 13, 1994: 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 register with the state sex offender registration agency in the state where the defendant resides, works, 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.)
The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
If this judgment imposes a fine or restitution obligation, it shall be a condition of supervised release that the defendant pay any such
fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of
Payments set forth in the Criminal Monetary Penalties sheet of this judgment. 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 illegally possess a controlled substance.
The defendant shall comply with the standard conditions that have been adopted by this court.
The defendant shall also comply with the additional conditions on the attached page.
See Page 4 for the
“STANDARD CONDITIONS OF SUPERVISION”
STANDARD CONDITIONS OF SUPERVISION
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AO 245D (SDAL 01/16) Judgment in a Criminal Case 	Judgment -- Page 4 of 5
DEFENDANT: 	FRANKLIN MOSLEY
CASE NUMBER: 	1:13-CR-00063-001
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.
14. the defendant shall cooperate, as directed by the probation officer, in the collection of DNA, if
applicable, under the provisions of 18 U.S.C. §§ 3563(a)(9) and 3583(d) for those defendants convicted
of qualifying offenses.
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AO 245D (SDAL 01/16) Judgment in a Criminal Case 	Judgment -- Page 5 of 5
DEFENDANT: 	FRANKLIN MOSLEY
CASE NUMBER: 	1:13-CR-00063-001
SPECIAL CONDITIONS OF RELEASE
6) The Defendant shall submit his/her person, house, residence, vehicle(s), papers, [computers (as defined by 18 U.S.C. Section
1030(e)(1)) or other electronic communications or data storage devices or media], business or place of employment, and any other
property under the offender's control to a search, conducted by a United States Probation Officer at a reasonable time and in a
reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to
submit to a search in accordance with this condition may be grounds for revocation. The offender shall warn any other occupants that
the premises may be subject to searches pursuant to this condition.
7) Immediately upon release from custody, the Defendant shall spend the first six (6) months of supervised release at a Residential
Re-Entry Center (RRC), as instructed by the Probation Office. The Defendant shall abide by all rules and regulations of the RRC, as
directed by staff and the Probation Office.
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