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United States v. Spence

United States District Court, D. Montana, Missoula Division

October 19, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
TODD K. SPENCE, Defendant.

         CVB Violation Nos: FBDW007W, FBDW007X, FBDW007Y, FBDW007Z, FBDW0080, FBDW008A FBDW008B

          JUDGMENT AND SENTENCE

          Jeremiah C. Lynch, United States Magistrate Judge.

         On 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 order).

         But the 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)

         violation 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. §261.13.

         On 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:

         1. Defendant shall pay restitution calculated as follows:

a. Total hours of labor for cleanup:

248.5

Cost per hour utilizing

GS-3 paygrade:

$12.64/hr.

Total Cleanup Costs:

$3, 141.04

b. Other Costs:

$1, 353.36

c. No Costs for Storage

___

Total Restitution Amount:

$4, 494.40 2.

         2. Defendant shall pay the total restitution amount in monthly payments of $150 per month, or as otherwise directed by the Court.

         3. 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 fine.

         4. Defendant shall pay a $25 processing fee on each of the five convictions identified above.

         5. 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 ...

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