USA v. Tubbs et al

AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 1
# 4081
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA 	JUDGMENT IN A CRIMINAL CASE
V. 	(For Offenses Committed On or After November 1, 1987)
WESLEY BARTHOLOMEW TUBBS 	CASE NUMBER: 2:14-000135-001
a/k/a Wes 	USM NUMBER: 	21174-001
THE DEFENDANT: 	Donald Briskman
Defendant's Attorney
(x) 	pleaded guilty to count(s) 	1 and 27 of the Indictment on 10/30/2014.
() 	pleaded nolo contendere to count(s) 	which was accepted by the court.
() 	was found guilty on count(s) 	after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Date Offense 	Count
Title & Section 	Nature of Offense 	Concluded 	No.(s)
21§846 and 841(b)(1)(A)
(Enhanced)
18§1956(h)
Conspiracy to Possess with Intent to
Distribute Controlled Substances
Money Laundering Conspiracy
5/28/2014
5/28/2014
1
27
The defendant is sentenced as provided in pages 2 through 	6 	of this judgment. The sentence is
imposed pursuant to the Sentencing Reform Act of 1984.
() 	The defendant has been found not guilty on count(s) 	.
(x) 	Count(s) 	2, 23-26, 29 is/are dismissed on the motion of the United States.
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 shall notify the court and United States attorney of any material change in the defendant's
economic circumstances.
September 22, 2015
Date of Imposition of Judgment
s/ Kristi K. DuBose
UNITED STATES DISTRICT JUDGE
10/02/2015
Date
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Judgment 2
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 2 - Imprisonment
Defendant: WESLEY B. TUBBS
Case Number: 2:14-000135-001
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be
imprisoned for a total term of TWO HUNDRED FIFTY (250) MONTHS. Said term consists of 250
months, as to Count 1 and 240 months, as to Count 27; said terms to run concurrently.
(x) 	The court makes the following recommendations to the Bureau of Prisons: the
defendant be allowed to participate in residential, comprehensive, substance abuse treatment,
while incarcerated.
(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 	to 	at
with a certified copy of this judgment.
UNITED STATES MARSHAL
By
Deputy U.S. Marshal
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Judgment 3
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 3 - Supervised Release
Defendant: WESLEY B. TUBBS
Case Number: 2:14-000135-001
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of
TEN (10) YEARS. Said term consists of 10 years, as to Count 1 and 3 years, as to Count 27; said
terms to run concurrently.
(x) 	Special Conditions: 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
defendant may incur costs associated with such detection efforts, based upon ability to pay as
determined by the probation officer; 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, as
instructed and as deemed necessary by the probation officer. The defendant may incur costs
associated with such drug/alcohol detection and treatment, based upon the ability to pay, as
determined by the probation officer; and, the defendant shall submit his 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 of media], business or place of employment, and any other
property under the defendant'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 defendant shall warn any other occupants that the
premises may be subject to searches pursuant to this condition. A separate order of forfeiture for
$356,000 was entered.
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 directed by the probation officer.
(x) 	The defendant shall not possess a firearm, destructive device, or any other
dangerous weapon.
If this judgment imposes a fine or a 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 shall 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
(Probation Form 7a).
The defendant shall also comply with the additional conditions on the attached page (if
applicable).
See Page 4 for the
"STANDARD CONDITIONS OF SUPERVISION"
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Judgment 4
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 3 - Supervised Release
Defendant: WESLEY B. TUBBS
Case Number: 2:14-000135-001
SUPERVISED RELEASE
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;
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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Judgment 5
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 5, Part A - Criminal Monetary Penalties
Defendant: WESLEY B. TUBBS
Case Number: 2:14-000135-001
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the
schedule of payments set forth on Sheet 5, Part B.
Assessment 	Fine 	Restitution
Totals: 	$ 	200.00 	$ -0- 	$ -0-
() 	The determination of restitution is deferred until 	. An Amended Judgment in a Criminal
Case (AO 245C) will be entered after such a determination.
If the defendant makes a partial payment, each payee shall receive an approximately proportional
payment unless specified otherwise in the priority order or percentage payment column below. (or see
attached) However, pursuant to 18 U.S.C. ' 3644(i), all non-federal victims must be paid in full prior to
the United States receiving payment.
() 	The defendant shall make restitution (including community restitution) to the following payees
in the amounts listed below.
Name(s) and
Address(es) of Payee(s)
*Total
Amount of Loss
Amount of
Restitution Ordered
Priority Order
or % of Payment
TOTALS: 	$ 	$
() 	If applicable, restitution amount ordered pursuant to plea agreement. 	$
() 	The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or
restitution 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 5, Part B may be subject to penalties for 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 () fine and/or 	() restitution.
() The interest requirement for the 	() 	fine and/or 	() 	restitution is modified as follows:
* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18,
United States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996.
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Judgment 6
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 5, Part B - Schedule of Payments
Defendant: WESLEY B. TUBBS
Case Number: 2:14-000135-001
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be
due as follows:
A 	(x) 	Lump sum payment of $ 	200.00 	due immediately, balance due
() 	not later than 	, or 	() in accordance with () C, () D, () E or () F below; or
B 	() Payment to begin immediately (may be combined with () C, () D, () E or () F below);
or
C 	() Payment in 	(e.g., equal, 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 	(e.g., equal, 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 in the special instructions above, if this judgment imposes a
period of imprisonment payment of criminal monetary penalties shall be due during the period of
imprisonment. All criminal monetary penalty payments, except those payments made through the Federal
Bureau of Prisons' Inmate Financial Responsibility Program, are to be made to the clerk of court, unless
otherwise directed by the court, the probation officer, or the United States attorney.
The defendant will receive credit for all payments previously made toward any criminal monetary penalties
imposed.
() Joint and Several:
() The defendant shall pay the cost of prosecution.
() The defendant shall pay the following court cost(s):
(x) The defendant shall forfeit the defendant's interest in the following property to the United States:
*SEE PRELIMINARY ORDER OF FORFEITURE (ATTACHED)
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 cost of prosecution
and court costs.
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