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United States v. Bernard

United States District Court, M.D. Florida, Fort Myers Division

February 13, 2018

UNITED STATES OF AMERICA
v.
ANDRE BERNARD

          AMENDED JUDGMENT IN A CRIMINAL [1]

          SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.

         The defendant pleaded guilty to Counts One and Two of the Information. The defendant is adjudicated guilty of these offenses:

Title & Section

Nature of Offense

Date Offense Concluded

Count Number(s)

18U.S.C. §1349

Conspiracy to Commit Wire Fraud

May 31, 2014

One

42 U.S.p.§ 7413(c)(2)(A) and 18U.S.p.§2

False Statements (Clean Air Act)

November 11, 2013

Two

         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, as modified by United States v. Booker. 543 U.S. 220 (2005).

         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 shall notify the court and United States attorney of any material change in the defendant's economic circumstances.

         IMPRISONMENT

         The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 87 MONTHS as to Count 1, and 24 MONTHS as to Count 2, such terms to run concurrently.

         The Court makes the following recommendations as to incarceration:

         Incarceration in the facility at Otisville, NY (FPC Otisville (NY)).

         The Court recommends that the Bureau of Prisons continue to care for the defendant using his current regime of medications, unless clinically contraindicated.

         The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 P.M. on May 7, 2018 as notified by the United States Marshal.

         SUPERVISED RELEASE

         Upon release from imprisonment, you will be on supervised release for a term of 3 YEARS as to Count 1, and 1 YEAR as to Count 2, such terms to run concurrently.

         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 ...

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