United States District Court, D. Montana, Missoula Division
Violation Nos: FBDW007W, FBDW007X, FBDW007Y, FBDW007Z,
FBDW0080, FBDW008A FBDW008B
JUDGMENT AND SENTENCE
Jeremiah C. Lynch, United States Magistrate Judge.
April 6, 2017, the parties appeared before the Court for
Defendant Todd Spence's bench trial on the referenced
violation notices. Having considered the evidence and
testimony presented at trial the Court found Defendant not
guilty of the offenses charged in violation notices FBDW007W
(using a residence on National Forest System Lands) and
FBDW008A (possession of food in violation of food storage
Court found Defendant guilty of the following offenses: (1)
violation notice FBDW007X - constructing a structure on
National Forest System Lands without authorization in
violation of 36 C.F.R. § 261.10(a); (2) violation notice
FBDW007Y - possession of a motor vehicle in violation of the
Lolo National Forest Motor vehicle use map in violation of of
36 C.F.R. § 261.13; (3)
notice FBDW007Z - possession of a motor vehicle in violation
of the Lolo National Forest Motor vehicle use map in
violation of of 36 C.F.R. § 261.13; (4) violation notice
FBDW0080 - damaging any natural feature of the United States
in violation of of 36 C.F.R. § 261.9(a); and (5)
violation notice FBDW008B - violation of the Lolo National
Forest Travel Management Map in violation of of 36 C.F.R.
April 19, 2017, the Court conducted Defendant's
sentencing hearing, and took the matter under advisement.
Having considered the evidence and testimony presented at the
sentencing hearing, IT IS HEREBY ORDERED as follows:
Defendant shall pay restitution calculated as follows:
a. Total hours of labor for cleanup:
Cost per hour utilizing
Total Cleanup Costs:
b. Other Costs:
c. No Costs for Storage
Total Restitution Amount:
$4, 494.40 2.
Defendant shall pay the total restitution amount in monthly
payments of $150 per month, or as otherwise directed by the
Court finds Defendant lacks the ability to pay a fine and,
therefore, pursuant to the discretionary authority granted in
18 U.S.C. § 3571(a) the Court waives imposition of a
Defendant shall pay a $25 processing fee on each of the five
convictions identified above.
Defendant shall serve a term of one year of supervised
probation upon the following conditions:
a. Defendant is prohibited, during the period of probation,
from entering ...