govinfo:USCOURTS-ncwd-5_05-cr-00009-113

AO 245C  (WDNC Rev. 02/11) Judgment in a Criminal Case  
  
 
UNITED STATES DISTRICT COURT 
Western District of North Carolina 
 
Reason for Amendment: 
☐ Correction of Sentence on Remand (18 U.S.C. § 3742(f)(1) 
and (2)) 
 ☐ Modification of Supervision Conditions (18 U.S.C. §§ 3563(c) or 
3583(e)) 
☐ Reduction of Sentence   ☐ Modification of Imposed Term of Imprisonment for Extraordinary 
and Compelling Reasons (18 U.S.C. § 3582(c)(1)) 
☐ Correction of Sentence by Sentencing Court (Fed. R. Crim. P. 
35(a)) 
 ☐ Modification of Imposed Term of Imprisonment for Retroactive 
Amendment(s) to the Sentencing Guidelines (18 U.S.C. § 
3582(c)(2)) 
☒ Correction of Sentence for Clerical Mistake (Fed. R. Crim . P. 
36) 
 ☐ Direct Motion to District Court Pursuant 
  ☐ 28 U.S.C. § 2255     Or    ☐ 18 U.S.C. § 3559(c)(7) 
   ☐ Modification of Restitution Order 18 U.S.C. § 3664 
     
THE DEFENDANT:  
☒ Pleaded guilty to count(s) 1ss of the second superseding bill of indictment. 
☐ 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 and Section Nature of Offense 
Date Offense 
Concluded Counts 
    
21:846 & 851 Conspiracy to possess with intent to distribute, a quantity of cocaine and 
cocaine base, Sch. II controlled substances and did possess with intent 
to distribute, a quantity of marijuana, a Sch. I controlled substance 
3/15/05 1ss 
 
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, United States v. Booker, 125 S.Ct. 738 (2005), and 18 U.S.C. § 3553(a). 
 
☐ The defendant has been found not guilty on count(s). 
☒ Count(s) Original bill of indictment and superseding bill of indictment  are dismissed on the motion of the United 
States. 
 
 IT IS 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 monetary penalties, the defendant shall notify the court and United States 
attorney of any material change in the defendant's economic circumstances. 
 
 Date of Imposition of Sentence:  4/17/2007 
 
 
 
 
 
 
 
        Date: July 12, 2019 
UNITED STATES OF AMERICA ) AMENDED JUDGMENT IN A CRIMINAL CASE 
 )  (For Offenses Committed On or After November 1, 1987) 
 V. ) 
 )  
ROXANNE KIMARIE ECKLES )  Case Number:  DNCW505CR000009-004 
)  USM Number:  20337-058 
)  
Filed Date of Original Judgment: 5/8/2007 
(Or Filed Date of Last Amended Judgment) 
)  David William Hands 
 Defendant’s Attorney ) 
Signed: July 12, 2019 
Case 5:05-cr-00009-MEO-DCK     Document 1724     Filed 07/12/19     Page 1 of 6
AO 245 C  (WDNC Rev. 02/11) Judgment in a Criminal Case   
          
 
Defendant: Roxanne Kimarie Eckles Judgment- Page 2 of 6 
Case Number: DNCW505CR000009-004 
 
 
IMPRISONMENT 
 
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 
TIME SERVED. 
 
☒ The Court makes the following recommendations to the Bureau of Prisons: 
- Placed in a facility as close to Harmony, NC as possible. 
- Participation in any available substance abuse treatment program and if eligible, receive benefits of 
18:3621(e)(2). 
- Participation in any available educational and vocational opportunities while incarcerated. 
- That during the period of imprisonment monetary penalty payments shall be made through the Federal Bureau 
of Prison’s Inmate Financial Responsibility Program. 
- That defendant be given credit for the period of incarceration on related conduct stated in paragraphs 73 and 
74 of the Presentence Report. 
  
☒ The Defendant is remanded to the custody of the United States Marshal. 
 
☐ The Defendant shall surrender to the United States Marshal for this District: 
 
☐ As notified by the United States Marshal. 
☐ At  am/pm on  . 
 
☐ The Defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: 
 
☐ As notified by the United States Marshal. 
☐ Before 2 p.m. on  . 
☐ As notified by the Probation 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 Marshal 
 
  
Case 5:05-cr-00009-MEO-DCK     Document 1724     Filed 07/12/19     Page 2 of 6
AO 245C  (WDNC Rev. 02/11) Judgment in a Criminal Case  
  
 
Defendant: Roxanne Kimarie Eckles Judgment- Page 3 of 6 
Case Number: DNCW505CR000009-004 
  
 
SUPERVISED RELEASE 
 
Upon release from imprisonment, the defendant shall be on supervised release for a term of THREE (3) YEARS.  
 
☐ The condition for mandatory drug testing is suspended based on the court's determination that the defendant poses a low risk of 
future substance abuse. 
 
 
STANDARD CONDITIONS OF SUPERVISION 
 
The defendant shall comply with the standard conditions that have been adopted by this court and any additional conditions ordered. 
1. The defendant shall not commit another federal, state, or local crime. 
2. The defendant shall refrain from possessing a firearm, destructive device, or other dangerous weapon. 
3. The defendant shall pay any financial obligation imposed by this judgment remaining unpaid as of the commencement of the sentence of probation or the term of 
supervised release on a schedule to be established by the Court. 
4. The defendant shall provide access to any personal or business financial information as requested by the probation officer. 
5. The defendant shall not acquire any new lines of credit unless authorized to do so in advance by the probation officer. 
6. The defendant shall not leave the Western District of North Carolina without the permission of the Court or probation officer. 
7. The defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer. 
8. A defendant on supervised release shall report in person to the probation officer in the district to which he or she is released within 72 hours of release from custody of 
the Bureau of Prisons. 
9. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. 
10. The defendant shall support his or her dependents and meet other family responsibilities. 
11. The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other activities authorized by the probation 
officer. 
12. The defendant shall notify the probation officer within 72 hours of any change in residence or employment. 
13. The defendant shall refrain from excessive use of alcohol and shall not unlawfully purchase, possess, use, distribute or administer any narcotic or other controlled 
substance, or any paraphernalia related to such substances, except as duly prescribed by a licensed physician. 
14. The defendant shall participate in a program of testing and treatment or both for substance abuse if directed to do so by the probation officer, until such time as the 
defendant is released from the program by the probation officer; provided, however, that defendant shall submit to a drug test within 15 days of release on probation or 
supervised release and at least two periodic drug tests thereafter for use of any controlled substance, subject to the provisions of 18:3563(a)(5) or 18:3583(d), 
respectively; The defendant shall refrain from obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency and accuracy of any prohibited 
substance testing or monitoring which is (are) required as a condition of supervision. 
15. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered. 
16. 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. 
17. The defendant shall submit his person, residence, office, vehicle and/or any computer system including computer data storage media, or any electronic device capable 
of storing, retrieving, and/or accessing data to which they have access or control, to a search, from time to time, conducted by any U.S. Probation Officer and such 
other law enforcement personnel as the probation officer may deem advisable, without a warrant. The defendant shall warn other residents or occupants that such 
premises or vehicle may be subject to searches pursuant to this condition. 
18. 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 by the 
probation officer. 
19. The defendant shall notify the probation officer within 72 hours of defendant’s being arrested or questioned by a law enforcement officer. 
20. 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. 
21. 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. 
22. If the instant offense was committed on or after 4/24/96, the defendant shall notify the probation officer of any material changes in defendant’s economic circumstances 
which may affect the defendant’s ability to pay any monetary penalty. 
23. If home confinement (home detention, home incarceration or curfew) is included you may be required to pay all or part of the cost of the electronic monitoring or other 
location verification system program based upon your ability to pay as determined by the probation officer. 
24. The defendant shall cooperate in the collection of DNA as directed by the probation officer. 
 
 
 
  
Case 5:05-cr-00009-MEO-DCK     Document 1724     Filed 07/12/19     Page 3 of 6
AO 245C  (WDNC Rev. 02/11) Judgment in a Criminal Case  
  
 
Defendant: Roxanne Kimarie Eckles Judgment- Page 4 of 6 
Case Number: DNCW505CR000009-004 
 
 
CRIMINAL MONETARY PENALTIES 
 
The defendant shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments. 
 
ASSESSMENT FINE RESTITUTION 
$100.00 $0.00 $0.00 
  
 
 
 
FINE 
 
 The defendant shall pay interest on any fine or restitution of more than $2,500.00, unless the fine or restitution is 
paid in full before the fifteenth day after the date of judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options 
on the Schedule of Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g). 
 
☒ The court has determined that the defendant does not have the ability to pay interest and it is ordered that:  
 
☒ The interest requirement is waived. 
 
☐ The interest requirement is modified as follows:  
 
 
COURT APPOINTED COUNSEL FEES 
 
☐ The defendant shall pay court appointed counsel fees. 
 
☒ The defendant shall pay $500.00 towards court appointed fees. 
 
 
  
Case 5:05-cr-00009-MEO-DCK     Document 1724     Filed 07/12/19     Page 4 of 6
AO 245C  (WDNC Rev. 02/11) Judgment in a Criminal Case  
  
 
Defendant: Roxanne Kimarie Eckles Judgment- Page 5 of 6 
Case Number: DNCW505CR000009-004 
 
 
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 $0.00 due immediately, balance due 
☐ Not later than   
☐ In accordance ☐ (C), ☐ (D) below; or 
B ☒ Payment to begin immediately (may be combined with ☐ (C), ☒ (D) below); or 
 
C ☐ Payment in equal Monthly (E.g. weekly, monthly, quarterly) installments of $50.00 to commence 
60 (E.g. 30 or 60) days after the date of this judgment; or 
 
D ☒ Payment in equal Monthly (E.g. weekly, monthly, quarterly) installments of $ 50.00 to commence 
60 (E.g. 30 or 60) days after release from imprisonment to a term of supervision. In the event the entire 
amount of criminal monetary penalties imposed is not paid prior to the commencement of supervision, the 
U.S. Probation Officer shall pursue collection of the amount due, and may request the court to establish or 
modify a payment schedule if appropriate 18 U.S.C. § 3572. 
 
 
Special instructions regarding the payment of criminal monetary penalties: 
 
☐ The defendant shall pay the cost of prosecution. 
 
☐ The defendant shall pay the following court costs: 
 
☐ The defendant shall forfeit the defendant’s interest in the following property to the United States 
 
 
 
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 are to be made to the United States District Court Clerk, 401 West Trade Street, Room 210, 
Charlotte, NC 28202, except those payments made through the Bureau of Prisons’ Inmate Financial Responsibility 
Program. All criminal monetary penalty payments are to be made as directed by the court. 
 
 
 
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. 
 
  
Case 5:05-cr-00009-MEO-DCK     Document 1724     Filed 07/12/19     Page 5 of 6
AO 245C  (WDNC Rev. 02/11) Judgment in a Criminal Case  
  
 
Defendant: Roxanne Kimarie Eckles Judgment- Page 6 of 6 
Case Number: DNCW505CR000009-004 
 
 
 
STATEMENT OF ACKNOWLEDGMENT 
 
I understand that my term of supervision is for a period of _______months, commencing on ____________________. 
 
Upon a finding of a violation of probation or supervised release, I understand that the court may (1) revoke supervision, 
(2) extend the term of supervision, and/or (3) modify the conditions of supervision. 
 
I understand that revocation of probation and supervised release is mandatory for possession of a controlled substance, 
possession of a firearm and/or refusal to comply with drug testing. 
 
These conditions have been read to me. I fully understand the conditions and have been provided a copy of them. 
 
 
 
(Signed)      ____________________________________   Date: _________________ 
                     Defendant 
 
(Signed)      ____________________________________   Date: _________________ 
                     U.S. Probation Office/Designated Witness 
 
Case 5:05-cr-00009-MEO-DCK     Document 1724     Filed 07/12/19     Page 6 of 6

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