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govinfo:USCOURTS-akd-3_21-cr-00080-2

U.S. District Court for the District of Alaska · 2023-02-13

· GavelSight synced 2026-09-06 03:44:20

AO 245B   (Rev. 09/19) Judgment in a Criminal Case   
 Shee t 1 
 
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Cover	Page	
[LastName] Kenny kawon applewhite JNC 
AO 245B  Judgment in a Criminal Case         
  
 
UNITED STATES DISTRICT COURT 
District of Alaska 
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE 
v. (For Supervised Release) 
KENNY KAWON APPLEWHITE Case Number: 3:21-CR-00080-002-TMB 
 USM Number: 73052-509 
 
A. Christina Weidner Tafs      
THE DEFENDANT: 
Defendant’s Attorney 
☒ pleaded guilty to count(s) 1 of the Indictment (Dkt. 2) 
☐ pleaded nolo contendere to count(s)                                
 which was accepted by the court.  
☐ was found guilty on count(s)                                   
 after a plea of not guilty.  
The defendant is adjudicated guilty of these offenses: 
Title & Section Nature of Offense Offense Ended Count 
21 U.S.C. § 841(a)(1), 
21 U.S.C § 841(b)(1)(C) 
 
Distribution of Controlled Substances 01/18/2018 1 
 
The defendant is sentenced as provided in pages 2 through 7 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(s)          
  ☐ is ☐ are dismissed on the motion of the United States. 
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 or dered to pay 
restitution, the defendant must notify the court and United States Attorney of material changes in economic circumstances. 
 2/9/2023 
 Date of Imposition of Judgment 
 
s/TIMOTHY M. BURGESS 
 Signature of Judge 
 Timothy M. Burgess, United States District Judge 
 Name and Title of Judge 
 2/13/2023 
 Date 
  Sheet 1  
 
 
Case 3:21-cr-00080-TMB-MMS     Document 170     Filed 02/13/23     Page 1 of 7
AO 245B   (Rev. 09/19) Judgment in a Criminal Case   
 Sheet 2 — Imprisonment 
DEFENDANT: KENNY KAWON APPLEWHITE Judgment — Page 2 of 7 
CASE NUMBER: 3:21-CR-00080-002-TMB  
 
Imprisonment	
IMPRISONMENT 
Sheet 2 — Imprisonment  
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 
TIME SERVED  
☐ The court makes the following recommendations to the Bureau of Prisons: 
                    
 
☐ 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 UNITED STATES MARSHAL 
 
Case 3:21-cr-00080-TMB-MMS     Document 170     Filed 02/13/23     Page 2 of 7
AO 245B   (Rev. 09/19) Judgment in a Criminal Case   
 Sheet 3 — Supervised Release 
DEFENDANT: KENNY KAWON APPLEWHITE Judgment — Page 3 of 7 
CASE NUMBER: 3:21-CR-00080-002-TMB  
 
Supervised	Release	
SUPERVISED RELEASE 
Sheet 3 — Supervised Release  
Upon release from imprisonment, the defendant shall be on supervised release for a term of:  
 
3 YEARS  
Mandatory	Conditions	
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 subs tance. 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 future 
substance abuse. (check if applicable) 
4.  ☐ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of 
restitution. (check if applicable) 
5.  ☒ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable) 
6.  ☐ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) 
as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location 
where you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable) 
7.  ☐ You must participate in an approved program for domestic violence. (check if applicable) 
 
You must comply with the standard conditions that have been adopted by this court as well as with any additional conditions 
on the attached pages. 
 
Case 3:21-cr-00080-TMB-MMS     Document 170     Filed 02/13/23     Page 3 of 7
AO 245B   (Rev. 09/19) Judgment in a Criminal Case   
 Sheet 3A – Supervised Release 
DEFENDANT: KENNY KAWON APPLEWHITE Judgment — Page 4 of 7 
CASE NUMBER: 3:21-CR-00080-002-TMB  
 
Standard	Conditions	
 
STANDARD CONDITIONS OF SUPERVISION 
Sheet 3A – Supervised Release  
 
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions 
are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum 
tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct 
and condition. 
1.  You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours 
of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or 
within a different time frame. 
2.  After initially reporting to the probation office, you will recei ve instructions from the court or the probation officer 
about how and when you must report to the probation officer, and you must report to the probation officer as instructed. 
3.  You must not knowingly leave the federal judicial district  where you are authorized to reside without first getting 
permission from the court or the probation officer. 
4.  You must answer truthfully the questions asked by your probation officer. 
5.  You must live at a place approved by the probation officer. If you plan to change where you live or anything about your 
living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the 
change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify 
the probation officer within 72 hours of becoming aware of a change or expected change. 
6.  You must allow the probation officer to visit you at a ny time at your home or elsewhere, and you must permit the 
probation officer to take any items prohibited by the conditi ons of your supervision that he or she observes in plain 
view. 
7.  You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer 
excuses you from doing so. If you do not have full-time employment you must try to find full-time employment, unless 
the probation officer excuses you from doing so. If you plan to  change where you work or anything about your work 
(such as your position or your job respon sibilities), you must notify the probation officer at least 10 days before the 
change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, 
you must notify the probation officer within 72 hours of becoming aware of a change or expected change. 
8.  You must not communicate or interact with someone you know  is engaged in criminal activity. If you know someone 
has been convicted of a felony, you must not knowingly comm unicate or interact with that person without first getting 
the permission of the probation officer. 
9.  If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. 
10.  You must not own, possess, or have access to a firearm, am munition, destructive device, or dangerous weapon (i.e., 
anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person 
such as nunchakus or tasers). 
11.  You must not act or make any agreement with a law enfo rcement agency to act as a confidential human source or 
informant without first getting the permission of the court. 
12.  If the probation officer determines that you pose a risk to another person (including an organization), the probation 
officer may require you to notify the person about the risk and you must comply with that instruction. The probation 
officer may contact the person and confirm that you have notified the person about the risk. 
13.  You must follow the instructions of the probation officer related to the conditions of supervision. 
 
 
 
Case 3:21-cr-00080-TMB-MMS     Document 170     Filed 02/13/23     Page 4 of 7
AO 245B   (Rev. 09/19) Judgment in a Criminal Case   
 Sheet 3D – Supervised Release 
DEFENDANT: KENNY KAWON APPLEWHITE Judgment — Page 5 of 7 
CASE NUMBER: 3:21-CR-00080-002-TMB  
 
Special	Conditions	
SPECIAL CONDITIONS OF SUPERVISION 
Sheet 3D – Supervised Release 
 
 
 
1. In addition to submitting to drug testing in accordance with the Violent Crime Control and Law Enforcement Act of 
1994, at the direction of the probation officer the defendant shall obtain a substance abuse assessment and participate 
in any recommended treatment. The treatment program must be approved by the United States Probation Office and 
the program must include testing to determine whether the defendant has reverted to the use of drugs or alcohol. At the 
direction of the probation officer, the defendant may be required to pay for all or a portion of any treatment program. 
In addition to urinalysis testing that may be a part of a formal drug treatment program, the defendant shall submit up 
to 12 urinalysis tests per month.  
 
2. The defendant shall submit to a warran tless search of person, residence, vehicle, personal effects, place of 
employment, and other property by a Federal probation or pr etrial services officer or other law enforcement officer, 
based upon reasonable suspicion of contraband or a violation of a condition of supervision. Failure to submit to a search 
may be grounds for revocation of supervision.  
 
3. At the direction of the probation officer the defendant shall obtain a mental health assessment and participate in any 
recommended mental health treatment. The treatment program must be approved by the United States Probation Office. 
At the direction of the probation officer, the defendant may be required to pay for all or a portion of any treatment 
program.  
 
4. During the term of supervised release, the defendant shall complete 200 hours of community work service at a place 
approved by his probation officer.  
 
5. The defendant shall participate in the home detention program for a period of 12 months and shall abide by all the assigned 
components of the program, which will include electronic mon itoring or other location verification system.  The defendant 
shall pay for the cost of electronic monito ring or other location verification system  or pay partial cost depending on his 
ability to pay.  Specifically, you are restricted to your resi dence at all times except for employment; education; religious 
services; medical, substance abuse, or mental health treatme nt; Court-ordered obligations; attorney visits and court 
appearances; or other activities as pre-approved by the probation officer. 
////////////////////////////////////////////////////////////////////////////////////////////////////// 
U.S. Probation Office Use Only 
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy 
of this judgment containing these conditions. For further information regarding these conditions, see Overview of Probation 
and Supervised Release Conditions, available at www.uscourts.gov.  
Defendant’s Signature  Date  
    
 
 
 
Case 3:21-cr-00080-TMB-MMS     Document 170     Filed 02/13/23     Page 5 of 7
AO 245B   (Rev. 09/19) Judgment in a Criminal Case   
 Sheet 5 — Criminal Monetary Penalties 
DEFENDANT: KENNY KAWON APPLEWHITE Judgment — Page 6 of 7 
CASE NUMBER: 3:21-CR-00080-002-TMB  
 
Criminal	Monetary	Pena lties	
CRIMINAL MONETARY PENALTIES 
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. 
Sheet 5 — Criminal Monetary Penalties    
 Assessment  Restitution  Fine 
 AVAA 
Assessment*  
JVTA 
Assessment** 
TOTALS $ 100.00  N/A  N/A  N/A  N/A 
☐ The determination of restitution is deferred until       . An Amended Judgment in a Criminal Case (AO 245C) 
 will be entered after such determination. 
☐ The defendant must make restitution (including community r estitution) to the following payees in the amount listed below. 
 If the defendant makes a partial payment, each payee sh all receive an approximately  proportioned payment, unless 
specified otherwise in the priority order or percentage payment column below.  However, pursuant to 18 U.S.C. § 3664(i), 
all nonfederal victims must be paid before the United States is paid. 
Name of Payee Total Loss*** Restitution Ordered Priority or Percentage 
    
    
    
    
    
    
    
TOTALS  $   0.00  $   0.00  
 
☐ Restitution amount ordered pursuant to plea agreemen t $        
☐ The defendant must pay interest on restitution and a fine of mo re than $2,500, unless the restitution or fine is paid in full 
before the fifteenth day after the date of the judgment, pursu ant to 18 U.S.C. § 3612(f).  All of the payment options on 
Sheet 6 may be subject to penalties for delinquency and 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  ☐ restitution 
 ☐ the interest requirement for the  ☐ fine  ☐ restitution is modified as follows: 
                     
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299 
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22. 
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses 
committed on or after September 13, 1994, but before April 23, 1996. 
 
Case 3:21-cr-00080-TMB-MMS     Document 170     Filed 02/13/23     Page 6 of 7
AO 245B   (Rev. 09/19) Judgment in a Criminal Case   
 Sheet 6 — Schedule of Payments 
DEFENDANT: KENNY KAWON APPLEWHITE Judgment — Page 7 of 7 
CASE NUMBER: 3:21-CR-00080-002-TMB  
 
Schedule	of	Pa yments	
SCHEDULE OF PAYMENTS 
Sheet 6 — Schedule of Payments  
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows: 
A ☒ Lump sum payment of  $100.00 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, or  ☐ F below); or 
C ☐ Payment in equal  ( e.g., 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 equal  ( e.g., 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 pay at that time; or 
F ☒ Special instructions regarding the payment of criminal monetary penalties: 
 
Any unpaid amount is to be paid during the period of incarceration at a rate of 50% of wages earned while in the custody of the 
Bureau of Prisons and during the period of supervision in mont hly installments of not less than 10% of the defendant’s gross 
monthly income or $25, whichever amount is greater. 
Unless the court has expressly ordered otherw ise, if this judgment impos es imprisonment, payment of criminal monetary penalties is 
due during the period of imprisonment.  All criminal monetary pe nalties, except those payments made through the Federal Bureau of 
Prisons’ Inmate Financial Responsibility Prog ram are made to the United States District Court, District of Alaska.  For restitu tion 
payments, the Clerk of the Court is to forward money received to the party(ies) designated to receive restitution specified on the Criminal 
Monetary Penalties (Sheet 5) page. 
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. 
☐Joint and Several 
 Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, 
and corresponding payee, if appropriate. 
  
☐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) AVAA assessment, 
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA Assessment, (9) penalties, and (10) costs, including cost of 
prosecution and court costs. 
 
Case 3:21-cr-00080-TMB-MMS     Document 170     Filed 02/13/23     Page 7 of 7

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