USA v. Elkins

2:20-cr-20005ArwdSep 27, 2024

Full text

AO 245D (Rev. 11/16) 	Judgment in a Criminal Case for Revocations
Sheet 1
U NITED S TATES D ISTRICT COURT
Western District of Arkansas
UNITED STATES OF AMERICA 	Judgment in a Criminal Case
v. 	(For Revocation of Probation or Supervised Release)
SHAWN ELKINS Case No. 	2:20CR20005-001
USM No. 	15715-010
James B. Pierce
THE DEFENDANT: Defendant’s Attorney
admitted guilt to violation of condition(s) 	1 - 14 	of the term of supervision.
was found in violation of condition(s) count(s) 	after denial of guilt.
The defendant is adjudicated guilty of these violations:
Violation Number 	Nature of Violation 	Violation Ended
1 	Mandatory Condition #3: Unlawful Use of a Controlled Substance 	July 3, 2024
2 	Mandatory Condition #3: Unlawful Use of a Controlled Substance 	July 11, 2024
3 	Special Condition #1: Failure to Report for Drug Testing 	July 26, 2024
4 	Mandatory Condition #3: Unlawful Use of a Controlled Substance 	July 29, 2024
5 	Mandatory Condition #3: Unlawful Use of a Controlled Substance 	August 3, 2024
6 	Mandatory Condition #3: Unlawful Use of a Controlled Substance 	August 8, 2024
7 	Mandatory Condition #3: Unlawful Use of a Controlled Substance 	August 27, 2024
8 	Special Condition #1: Failure to Report for Substance Abuse Treatment 	August 29, 2024
9 	Standard Condition #2: Failure to Comply with Reporting Instructions 	August 30, 2024
10 	Standard Condition #5: Failure to Reside at Approved Residence 	September 3, 2024
11 	Special Condition #9: Alcohol Use 	September 3, 2024
12 	Mandatory Condition #3: Unlawful Use of a Controlled Substance 	September 16, 2024
13 	Standard Condition #2: Failure to Comply with Reporting Instructions 	September 24, 2024
14 	Standard Condition #13: Failure to Follow Instructions of the Probation Officer 	September 24, 2024
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.
Upon motion of the Government, the Court dismissed condition(s) 	and the defendant is discharged as to such violation(s)
condition.
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.
Last Four Digits of Defendant’s Soc. Sec. No.: 	6256 	September 26, 2024
Date of Imposition of Judgment
Defendant’s Year of Birth: 	1985
/s/ P.K. Holmes, III
City and State of Defendant’s Residence: 	Signature of Judge
Fort Smith, Arkansas
Honorable P.K. Holmes, III, United States District Judge
Name and Title of Judge
September 27, 2024
Date
FILED
US DISTRICT COURT
WESTERN DISTRICT
OF ARKANSAS
OFFICE OF THE CLERK
Sep 27, 2024
Case 2:20-cr-20005-SOH Document 46 Filed 09/27/24 Page 1 of 5 PageID #:
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AO 245D (Rev. 11/16) 	Judgment in a Criminal Case for Revocations
Sheet 2— Imprisonment
Judgment — Page 	2 	of 	5
DEFENDANT: 	SHAWN ELKINS
CASE NUMBER: 	2:20CR20005-001
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
Six (6) months.
The court makes the following recommendations to the Bureau of Prisons:
That the defendant participate in the Bureau of Prisons’ non-residential substance abuse treatment program during
incarceration.
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
Case 2:20-cr-20005-SOH Document 46 Filed 09/27/24 Page 2 of 5 PageID #:
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245D (Rev. 11/16) 	Judgment in a Criminal Case for Revocations
Sheet 3 — Supervised Release
Judgment—Page 	3 	of 	5
DEFENDANT: 	SHAWN ELKINS
CASE NUMBER: 	2:20CR20005-001
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of: five (5) years.
MANDATORY CONDITIONS
1. 	You must not commit another federal, state or local crime.
2. 	You must not unlawfully possess a controlled substance.
3. 	You must refrain from any unlawful use of a controlled substance. You must 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 you pose a low risk of future
substance abuse. (check if applicable)
4. 	You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
5. 	You must 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 the location
where you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
6. 	You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the
attached page.
Case 2:20-cr-20005-SOH Document 46 Filed 09/27/24 Page 3 of 5 PageID #:
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AO 245D (Rev. 11/16) 	Judgment in a Criminal Case for Revocations
Sheet 3A — Supervised Release
Judgment—Page 	4 	of 	5
DEFENDANT: 	SHAWN ELKINS
CASE NUMBER: 	2:20CR20005-001
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are
imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools
needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and
condition.
1. 	You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of
your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a
different time frame.
2. 	After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how
and when you must report to the probation officer, and you must report to the probation officer as instructed.
3. 	You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission
from the court or the probation officer.
4. 	You must answer truthfully the questions asked by your probation officer.
5. 	You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If
notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation
officer within 72 hours of becoming aware of a change or expected change.
6. 	You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation
officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. 	You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you
from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation
officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position
or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation
officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer
within 72 hours of becoming aware of a change or expected change.
8. 	You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has
been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the
permission of the probation officer.
9. 	If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything
that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as
nunchakus or tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant
without first getting the permission of the court.
12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact
the person and confirm that you have notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and
Supervised Release Conditions, available at: www.uscourts.gov.
Defendant's Signature 	Date
Case 2:20-cr-20005-SOH Document 46 Filed 09/27/24 Page 4 of 5 PageID #:
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AO 245D (Rev. 11/16) 	Judgment in a Criminal Case for Revocations
Sheet 3D — Supervised Release
Judgment—Page 	5 	of 	5
DEFENDANT: 	SHAWN ELKINS
CASE NUMBER: 	2:20CR20005-001
SPECIAL CONDITIONS OF SUPERVISION
1. 	The defendant shall submit to inpatient or outpatient substance abuse testing, evaluation, counseling, and/or
treatment, as deemed necessary and as directed by the U.S. Probation Office.
2. 	The defendant shall submit to inpatient or outpatient mental health evaluation, counseling, testing and/or treatment,
as deemed necessary and as directed by the U.S. Probation Office.
3. 	The defendant shall submit his person, residence, place of business or employment, vehicles, papers, computer,
other electronic communication or data storage devices or media, and effects to a search conducted by the U.S.
Probation Office based upon reasonable suspicion of criminal activity or violation of any condition of supervised
release.
4. 	The defendant shall have no unsupervised contact with minors.
5. 	The defendant shall not possess or use alcohol.
6. 	Except for the purposes of employment, the defendant shall not possess, use, or have access to a computer or any
other electronic device that has Internet or photography capabilities without prior written approval of the U.S.
Probation Office.
7. 	The defendant must participate in a sex offense-specific treatment program. The defendant must pay for the costs
of the program if financially able.
8. 	The defendant shall be required to submit to periodic polygraph testing at the discretion of the probation office as a
means to ensure that he is in compliance with the requirements of his supervision and treatment.
Case 2:20-cr-20005-SOH Document 46 Filed 09/27/24 Page 5 of 5 PageID #:
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