USA v. Godwin et al

AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 1 	(10898)
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)
GREGORY BABER 	CASE NUMBER: 1:10-CR-00056-003
a/k/a Gregory William Baber 	USM NUMBER: 10929-003
THE DEFENDANT: 	Gordon G. Armstrong, III, Esquire
Defendant's Attorney
pleaded guilty to counts 3,4,5 & 6 on 6/15/10.
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):
Title & Section 	Nature of Offense
Date Offense
Concluded
Count
Nos.
18 USC § 2113(a)
& (d)
18 USC § 924(c)
18 USC § 2113(a)
& (d)
18 USC § 924(c)
Bank robbery with a weapon.
Use of a firearm in furtherance of
a crime of violence.
Bank robbery with a weapon.
Use of a firearm in furtherance of
a crime of violence.
08/29/2008
08/29/2008
12/05/2008
12/05/2008
3
4
5
6
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) .
Count 9 is 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.
November 4, 2010
Date of Imposition of Judgment
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
November 5, 2010
Date
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Judgment 2
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 2 - Imprisonment
Defendant: GREGORY BABER, a/k/a Gregory William Baber
Case Number: 1:10-CR-00056-003
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 THIRTY-FOUR (234) MONTHS. Said term
consists of 42 months as to Counts 3 & 5, to be served concurrently; 42 months as to Count 4, to be
served consecutively to the terms imposed as to Counts 3, & 5; and 150 months as to Count 6, to
be served consecutively to the terms imposed as to Counts 3, 4 & 5..
Special Conditions:
The court makes the following recommendations to the Bureau of Prisons: That the
defendant be imprisoned at an institution where a residential, comprehensive, substance
abuse treatment program is 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 U.S. Marshal
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Judgment 3
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 3 - Supervised Release
Defendant: GREGORY BABER, a/k/a Gregory William Baber
Case Number: 1:10-CR-00056-003
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of 5 years on
each of Counts 3, 4, 5, & 6, said terms to run concurrently.
Special Conditions: 1) The defendant shall participate in a program of testing and treatment
for drug and/or alcohol abuse as directed by the Probation Office; 2) The defendant is prohibited
from making major purchases, incurring new credit charges, or opening additional lines of credit
without the approval of the Probation Officer until such time as the financial obligations imposed
by this court have been satisfied in full; 3) The defendant shall provide the Probation Office access
to any requested financial information; and 4) The defendant shall make restitution as set forth on
Sheets 5, Part A & 5, Part B of this Judgment.
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.
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, or 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, 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: GREGORY BABER, a/k/a Gregory William Baber
Case Number: 1:10-CR-00056-003
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 and shall submit a truthful and complete written report
within the first five days of each month;
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: GREGORY BABER, a/k/a Gregory William Baber
Case Number: 1:10-CR-00056-003
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: 	$ 400.00 	$ 	$ 119,303.00
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
United Bank , 12512 County Road 49, 	$114,000.00
Magnolia Springs, AL
Colonial Bank, 34023 Highway 98 	5,303.00
Lillian, AL
TOTAL: 	$ 	$119,303.00
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: GREGORY BABER, a/k/a Gregory William Baber
Case Number: 1:10-CR-00056-003
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be
due as follows:
A 	Lump sum payment of $ 119,703.00 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 ay at that time; or
F 	Special instructions regarding the payment of criminal monetary penalties: Payment to the
victims shall be on a pro rata basis. Restitution is due immediately and payable in full, and is to be paid
through the Clerk, U.S. District Court. If full restitution is not immediately paid, any amount owing
during a period of incarceration shall be subject to payment through the Bureau of Prison's Inmate
Financial Responsibility Program. As a special condition of supervised release, the Probation Office
shall pursue collection of any balance remaining at the time of release in installments to commence no
later than 30 days after the date of release. If restitution is to be paid in installments, the court orders
that the defendant make at least minimum monthly payments in the amount of $100.00. No interest is to
accrue on this debt. The defendant is ordered to notify the court of any material change in his ability to
pay restitution. The Probation Office shall request the court to amend any payment schedule, if
appropriate.
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.
Restitution is to be paid jointly and severally with co-defendants Jerald Godwin CR-10-56-001, and
Sidney Clark, CR-10-56-002.
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) costs, including cost of prosecution
and court costs.
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