USA v. West

AO 245 D (Rev. 1 1/ 16) 	Judgme nt in a Cr iminal Case fo r Revoca ti ons
Sheet I
UNITED STATES DISTRICT COURT
Western District of Arkansas
Judgment in a Criminal Case	UNITED STATES OF AMERJCA
V. 	(For Revocation of Probation or Supervised Release)
LAERIC LEE WEST
Case No .
USM No.
5:12CR50046-00I & 5:23CR50077-001
11108-010
Anna M. Williams
THE DEFENDANT: Defendant ' s Attorney
[81 admitted guilt to violation of condition(s) I, 2, 3, 5, 6, 7, 8, 9, I 0, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of the term of supervision.
The defendant is adjudicated guilty of these violations:
Violation Number
I
2
3
5
6
7
8
9
10
11
12
13
14
Nature of Violation
Mandatory Condition #2: Unlawful use of controlled substance
Mandatory Condition #2 : Unlawful use of controlled substance
Mandatory Condition # 2: Unlawful use of controlled substance
Mandatory Condition #2: Unlawful use of controlled substance
Mandatory Condition # 2: Unlawful use of controlled substance
Special Condition S2: Failure to participate in residential substance abuse treatment
Special Condition S2: Failure to report for drug testing
Standard Conditions #5 & # 13 : Failure to live at a place approved by the probation
officer and follow the directions of the probation officer
Special Condition S2: Failure to participate in outpatient substance abuse treatment
Special Condition S2: Failure to participate in outpatient mental health treatment
Criminal Monetary Penalties: Failure to remit fine/special penalty assessment payment
Special Condition S2: Failure to report for drug testing
Mandatory Condition #2 & Special Condition S2: Unlawful use of controlled substance
Violation Ended
08/ 31 /2023
09/26/2023
11 /08/2023
11 /30/2023
12 /06/2023
12 /07/2023
12 / 11 /2023
12 / 14/2023
12/14/2023
12 / 14 /2023
12/14/2023
12/19/2023
and failure to submit to drug testing 	O1/04/2024
15
16
17
18
19
Special Condition S2: Failure to participate in residential substance abuse treatment 	01 /23/2024
Standard Condition #5: Failure to live at a place approved by the probation officer 	02/ 01 /2024
Criminal Monetary Penalties: Failure to remit fine/special penalty assessment payment 02/01/2024
Mandatory Condition #1: Must not commit another federal, state, or local crime 	02/05/2024
Criminal Monetary Penalties: Failure to remit fine/special penalty assessment payment 02/28/2024
The defendant is sentenced as provided in pages 2 through _7____ ofthisjudgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
[81 The Court granted the Government's motion to dismiss violation #4.
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 .: 	2578
Defendant's YearofBirth : 	1988
City and State of Defendant' s Residence:
Fort Smith, Arkansas
AO 245D (Rev. 11/16) 	Judgment in a Criminal Ca se for Revocation s
Sheet 2- Impri sonment
Name and Title of Judge
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Jud g ment - Page __2_ 	of 	7
DEFENDANT: 	LAERJC LEE WEST
CASE NUMBER: 	5: I 2CR50046-00 I & 5:23CR50077-00 I
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total
term of: 	Seven (7) Months in each case, terms to run concurrently, with credit for time served in federal custody.
D The court makes the following recommendations to the Bureau of Prisons:
C8] The defendant is remanded to the custody of the United States Marshal.
D The defendant shall surrender to the United States Marshal for this district:
D 	at 	_________ D a.m . 	D p.m . 	on
D 	as notified by the United States Marshal.
D The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
D 	before 2 p.m. on
D 	as notified by the United States Marshal.
D 	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 ST ATES MARSHAL
By
DEPUTY UNITED ST ATES MARSHAL
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AO 245D (Rev. 11 /16) 	Judgment in a Criminal Case for Revocations
Sheet 3 - S up ervised Release
DEFENDANT: 	LAERIC LEE WEST
CASE NUM BER: 	5: I 2CR50046-00 I & 5 :23CR50077-00 I
SUPERVISED RELEASE
Judgment-Page _ 3__ of
Upon release from imprisonment, you w ill be on supervised release for a term of: Twenty-three (23) months in each case, terms to
run concurrently.
MANDATORY CONDITIONS
I . 	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 impri sonment 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. (c heck if applicable)
4. 	D You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check if applicable)
5. 	181 You must cooperate in the collection of DNA as directed by the probation officer. (c heck if applicable)
6. 	□ 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. (c heck if applicable)
7. 	D 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 thi s court as well as with any other conditions on the
attached page.
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AO 245D (Rev . 11 /16) 	Judgment in a Criminal Case for Revocations
Sheet 4A- Probation
DEFENDANT:
CASE NUMBER:
Judg ment-P age
LAERJC LEE WEST
5: I 2CR50046-00 I & 5 :23CR50077-00 I
STANDARD CONDITIONS OF SUPERVISION
4 	of 	7
As part of your probation, 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 supervis ion and identify the minimum tools needed by
probation officers to keep informed, report to the co urt about, and bring about improvements in your conduct and conditio n.
I. 	You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the
time you were se ntenced, 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 ho w
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 IO days before the change. lf
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 ofa 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. Tfyou 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 IO days before the change. If notifying the probation
officer at least IO days in advance is not possible due to unanticipated circumstances, you mu st notify the probation officer
within 72 hours of becoming aware ofa change or expected change.
8. 	You must not communicate or interact with someone you know is engaged in criminal activity. lfyou know someo ne 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.
I 0. 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 per so n 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. I understand additional information regarding these conditions is available at the
www.uscourts.gov.
Defendant's Signature 	Date
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AO 245D (Rev. 11/16) 	Judgment in a Criminal Case for Revocations
Sheet 4D - Probation
DEFENDANT: 	LAERIC LEE WEST
CASE NUMBER: 	5:12CR50046-00I & 5:23CR50077-001
Judgment-Page __5__
SPECIAL CONDITIONS OF SUPERVISION
of __7__
I. 	The defendant must reside in a residential re-entry center for a tenn of 180 days to commence immediately upon
release from imprisonment. You must follow the rules and regulations of the center.
2. 	The defendant shall submit to inpatient or outpatient substance abuse testing, evaluation, counseling, and/or
treatment, as may be deemed necessary and as directed by the U. S. Probation Office. The defendant must pay
all or part of the cost of the treatment based on the defendant's ability to pay as determined by the U.S.
Probation Officer.
3. 	The defendant shall not purchase, possess, use, distribute, or administer marijuana or obtain or possess a
medical marijuana card or prescription. If the defendant is currently in possession of a medical marijuana card,
he will turn it over immediately to the probation office.
4. 	The defendant shall submit to inpatient or outpatient mental health testing, evaluation, counseling, and/or
treatment, as deemed necessary and as directed by the U.S. Probation Office. The defendant must pay all or part
of the cost of the treatment based on the defendant's ability to pay as determined by the U.S. Probation Officer.
5. 	The defendant shall submit his person, residence, place of employment, vehicle, papers, computer, other
electronic communication or data storage devices or media, and effects to a search conducted by the U.S.
Probation Office at a reasonable time and in a reasonable manner based upon reasonable suspicion that a
violation of any condition of supervised release might thereby be disclosed.
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AO 245D (Rev . 11/16) 	Judgment in a Cri min al Case for Revocations
Sheet 5 - Cr imin al Monetary Penalties
DEFENDANT :
CASE NUMBER:
LAERIC LEE WEST
5:12CR50046-001 & 5:23CR50077-001
CRIMINAL MONET ARY PENAL TIES
Judgment - Page 	6 	of 	7
The defendant must pay the following total criminal monetary penalties under the schedule of payments set forth on Sheet 6.
TOTALS 	$
Assessment
100 .00
(5:23CR50077-001)
(*remaining balance)
$
JVT A Assessment* 	Fine
$ 8,856.51
(5:12CR50046-001)
(*remaining balance)
Restitution
$
D 	The determination of restitution is deferred until ____ . An Amended Judgment in a Criminal Case (AO 245C) will
be entered after such determination .
D 	The defendant sha ll make restitution (including community restitution) to the following payees in the amount li sted 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 	Total Loss** 	Restitution Ordered 	Priority or Percentage
TOTALS 	$ 	0.00 	$ 	0.00	---------- 	----------
D 	Restitution amount ordered pursuant to plea agreement $
D 	The defendant must pay interest on restitution or a fine more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U .S.C. § 3612(£). All of the payment options on Sheet 6 may be
subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
[8'J 	The court determined that the defendant does not have the ability to pay interest and it is ordered that:
[8'J the interest requirement is waived for the
D 	the interest requirement for the 	D 	fine
[8'J fine 	D 	restitution.
D 	restitution is modified as follows :
* Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
** Findings for the total amount of losses are required under Chapters I09A, 110, 11 0A, and 113A of Title 18 for offenses committed
on or after September 13, 1994 , but before April 23 , 1996.
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AO 245 D (Rev 11 /16) 	Ju dg ment in a Cr imin al Case fo r Revocations
Shee t 6 - Sc hed ul e of Pay ment s
DEFENDANT: 	LAERIC LEE WEST
CASE NUMBER : 	5: 12CR50046-00 I & 5 :23CR50077-00 I
SCHEDULE OF PAYMENTS
Jud g ment - Page 	7 	of
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follow s:
A 	[8J 	Lump sum payment of$ 	8,95 ~ 	due immediately, balance due
D 	not later than 	, or
[8J 	in accordance with 	D 	C, 	D 	D, 	D 	E, or 	[8J F below); or
B 	D 	Payment to begin immediately (may be combined with 	DC , 	DD , or 	D F below); or
7
C 	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 the date of this judgment ; or
D 	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
term of supervision; or
E 	D 	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.
F 	[8J 	Special instructions regarding the payment of criminal monetary penalties:
If not paid immediately, any unpaid financial penalty imposed shall be paid during his term of imprisonment at a rate of up
to 50% of the defendant's available funds, in accordance with the Inmate Financial Responsibility Program . During any
residential reentry placement, payments will be I 0% of the defendant's gross monthly income. The payment of any remaining
balance shall become a condition of supervised release and shall be paid in monthly installments of $25 or I 0% of the
defendant's net monthly household income, whichever is greater, with the entire balance to be paid in full no later than one
month prior to the end of the period of supervised release.
Unless the court has expressly ordered otherwise in the special instruction above, if this judgment imposes imprisonment, payment
of criminal monetary penalties is due during the period of 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 .
D 	Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Joint and Several Amount and
corresponding payee, if appropriate.
D 	The defendant shall pay the cost of prosecution.
D 	The defendant shall pay the following court cost(s):
D 	The defendant shall forfeit the defendant' s interest in the following property to the United States:
Pa yments shall be applied in the following order: (I) assessment, (2) restitution principal , (3) restitution interest, (4) fine principal , (5) fine
interest, (6) community restitution, (7) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.
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