A0 245 B&C (Rev. Ol/l 7) Judgment and Amended Judgment in a Criminal Case
`
`(NOTE: For Amended Judgment, Identify Changes with Asterisks (*))
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`UNITED STATES DISTRICT COURT
`
`Northern District oflowa
`
`UNITED STATES OF AMERICA
`
`V.
`
`JAY EARNEST NIDAY
`
`I ORIGINAL JUDGMENT
`El AMENDED JUDGMENT
`
`Date of Most Recent Judgment:
`
`THE DEFENDANT:
`
`)JUDGMENT IN A CRIMINAL CASE
`)
`
`) Case Number: 0862 5:20CR04081-001
`)
`) USM Number: 10954-509
`)
`
`John p, Greer
`Defendant’s Attorney
`
`I and 2 ofthe Information filed on September 17, 2020
`I pleaded guilty to count(s)
`El pleaded nolo contendere to count(s)
`which was accepted by the court.
`
`
`D was found guilty on count(s)
`after a plea of not guilty.
`
`The defendant is adjudicated guilty of these offenses:
`
`Title & Section
`
`18 U.S.C. § 371
`
`Nature of Offense
`
`Conspiracy
`
`33 U.S.C. § 1319(c)(4)
`
`Knowingly Falsifying, Tampering With, or Rendering
`Inaccurate a Monitoring Device or Method Required
`to be Maintained Under the Clean Water Act
`
`Offense Ended
`
`June 2015
`
`June 2015
`
`Count
`
`I
`
`2
`
`The defendant is sentenced as provided in pages 2 through
`the Sentencing Reform Act 0f1984.
`
`7
`
`of this judgment. The sentence is imposed pursuant to
`
`El Count(s)
`
`[I The defendant has been found not guilty on count(s)
`is/are dismissed on the motion ofthe 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 thisji] gm nt are fully paid.
`lfordered to pay restitution,
`n ni eireirmstances.
`the defendant must notify the court and United States Attorney of material changes in ac
`
`
`
`Leonard T. Strand
`
`Chief United States District Court Judge
`Name and Title ofJudge
`
`April I, 2021
`Date oftmposition ofJudgment
`
`L ‘
`
`
`
`Case 5:20-cr-04081-LTS-KEM Document 28 Filed 04/02/21 Page 1 of 7
`Case 5:20-cr-04081-LTS-KEM Document 28 Filed 04/02/21 Page 1 of 7
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`

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`A0 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
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`DEFENDANT:
`CASE NUMBER:
`
`JAY EARNEST NIDAY
`0862 5:20CR04081—001
`
`U The defendant is hereby sentenced to probation for a term of:
`
`PROBATION
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`Judgment —— Page
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`(NOTE: For Amended Judgment, Identify Changes with Asterisks (*))
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`2
`
`of
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`7
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`I The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
`3 months. This term of imprisonment consists of a 3-month term imposed on Count 1 and a 3-month term imposed on
`Count 2 of the Information, to be served concurrently.
`
`IMPRISONMENT
`
`I The court makes the following recommendations to the Federal Bureau of Prisons:
`It is recommended that the defendant be designated to a Bureau of Prisons facility (FPC Yankton in Yankton, South
`Dakota) as close to the defendant's family as possible, commensurate with the defendant's security and custody
`classification needs.
`
`I]
`
`E]
`
`The defendant is remanded to the custody of the United States Marshal.
`
`The defendant must surrender to the United States Marshal for this district:
`
`I] at
`
`[I am. D pm.
`
`on
`
`E]
`
`as notified by the United States Marshal.
`
`I The defendant must surrender for service of sentence at the institution designated by the Federal Bureau of Prisons:
`
`C] before 2 pm. on
`
`I as notified by the United States Marshal.
`
`E]
`
`as notified by the United States Probation or Pretrial Services Office.
`
`RETURN
`
`l have executed thisjudgment as follows:
`
`Defendant delivered on
`
`at
`
`
`
`to
`
`, with a certified copy of thisjudgment.
`
`
`UNITED STATES MARSHAL
`
`Case 5:20-cr-O4081-LTS-KEM Document 28 159836 WMflUngsfg‘é'Qfidi’mem‘h “mm?”
`Case 5:20-cr-04081-LTS-KEM Document 28 Filed 04/02/21 Page 2 of 7
`
`By
`
`
`DEPUTY UNITED STATES MARSHAL
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`

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`A0 245 B&C (Rev. Ol/l7) Judgment and Amended Judgment in a Criminal Case
`
`DEFENDANT:
`CASE NUMBER:
`
`JAY EARNEST NIDAY
`0862 5:20CR0408l-001
`
`SUPERVISED RELEASE
`
`Judgment—Page
`
`
`3
`
`of
`
`7
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`I Upon release from imprisonment, the defendant will be on supervised release for a term of:
`2 years. This term of supervised release consists of a 2-year term imposed on Count 1 and a 1-year term imposed on
`Count 2 of the Information, to be served concurrently.
`
`
`
`MANDATORY CONDITIONS OF SUPERVISION
`
`1)
`
`2)
`
`3)
`
`The defendant must not commit another federal, state, or local crime.
`
`The defendant must not unlawfully possess a controlled substance.
`
`The defendant must refrain from any unlawful use of a controlled substance.
`The defendant 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.
`
`I The above drug testing condition is suspended, based on the court’s determination that the defendant poses a low risk of
`future controlled substance abuse.
`(Check, ifapplicable.)
`
`4) I The defendant must cooperate in the collection of DNA as directed by the probation officer.
`
`(Check, ifapplicable.)
`
`5)
`
`El
`
`The defendant 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 the defendant resides, works, and/or is a student, and/or was convicted of a qualifying offense.
`(Check, ifapplicable.)
`
`6)
`
`[I The defendant must participate in an approved program for domestic violence. (Check, ifapplicable.)
`
`The defendant must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the
`attached page.
`‘
`
`Case 5:20-cr-O4081-LTS-KEM Document 28 Filed 04/02/21 Page 3 of 7
`Case 5:20-cr-04081-LTS-KEM Document 28 Filed 04/02/21 Page 3 of 7
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`

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`A0 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
` (NOTE: For Amended Judgment, identify Changes with Asterisks (‘))
`Judgment—Page
`4
`of
`
`7
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`DEFENDANT:
`CASE NUMBER:
`
`JAY EARNEST NIDAY
`0862 5:20CR04081-001
`
`STANDARD CONDITIONS OF SUPERVISION
`
`As part of the defendant’s supervision, the defendant must comply with the following standard conditions of supervision. These
`conditions are imposed because they establish the basic expectations for the defendant’s 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 the defendant’s
`conduct and condition.
`
`1)
`
`2)
`
`3)
`
`4)
`
`5)
`
`6)
`
`7)
`
`8)
`
`9)
`
`10)
`
`11)
`
`12)
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`The defendant must report to the probation office in the federal judicial district where the defendant is authorized to reside within
`72 hours'of the time the defendant was sentenced and/or released from imprisonment, unless the probation officer instructs the
`defendant to report to a different probation office or within a different time frame.
`
`After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer
`about how and when the defendant must report to the probation officer, and the defendant must report to the probation officer as
`instructed. The defendant must also appear in court as required.
`
`The defendant must not knowingly leave the federal judicial district where the defendant is authorized to reside without first.
`getting permission from the court or the probation officer.
`
`The defendant must answer truthfully the questions asked by the defendant’s probation officer.
`
`The defendant must live at a place approved by the probation officer. If the defendant plans to change where the defendant lives
`or anything about the defendant’s living arrangements (such as the people the defendant lives with), the defendant 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, the defendant must notify the probation officer within 72 hours of becoming aware of a change or
`expected change.
`
`The defendant must allow the probation officer to visit the defendant at any time at the defendant’s home or elsewhere, and the
`defendant must permit the probation officer to take any items prohibited by the conditions of the defendant’s supervision that he
`or she observes in plain view.
`
`The defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer
`excuses the defendant from doing so. If the defendant does not have full-time employment, the defendant must try to find full-
`time employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where the
`defendant works or anything about the defendant’s work (such as the defendant’s position or the defendant‘sjob responsibilities),
`the defendant 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, the defendant must notify the probation officer within 72
`hours of becoming aware of a change or expected change;
`
`The defendant must not communicate or interact with someone the defendant knows is engaged in criminal activity. If the
`defendant knows someone has been convicted of a felony, the defendant must not knowingly communicate or interact with that
`person without first getting the permission of the probation officer.
`
`If the defendant is arrested or questioned by a law enforcement officer, the defendant must notify the probation officer within 72
`hours.
`
`The defendant must not own, possess, or have access to a firearm, ammunition, 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).
`
`The defendant must not act or make any agreement with a law enforcement agency to act as a confidential human source or
`informant without first getting the permission of the court.
`
`As directed by the probation officer, the defendant must notify third parties of risks that may be occasioned by the defendant’s
`criminal record or personal history or characteristics and must permit the probation officer to make such notifications and to
`confirm the defendant’s compliance with such notification requirement.
`
`13)
`
`The defendant must follow the instructions of the probation officer related to the conditions of supervision.
`
`Case 5:20-cr-O4081-LTS-KEM Document 28 Filed 04/02/21 Page 4 of 7
`Case 5:20-cr-04081-LTS-KEM Document 28 Filed 04/02/21 Page 4 of 7
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`

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`A0 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
`(NOTE: For Amended Judgment, Identify Changes with Asterisks (*))
`Judgment—Page
`5
`of
`7
`
`‘
`
`DEFENDANT:
`CASE NUMBER:
`
`JAY EARNEST NIDAY
`0862 5:20CR04081-001
`
`SPECIAL CONDITIONS OF SUPERVISION
`
`The defendant must comply with thefollowing special conditions as ordered by the Court and implemented by the United States Probation
`Office:
`
`1.
`
`2.
`
`3.
`
`The defendant must pay any fine, restitution, and/or special assessment imposed by this judgment.
`
`For as long as the defendant owes any fine, restitution, and/or special assessment imposed by this judgment,
`the defendant must provide the United States Probation Office with access to any requested financial
`information.
`'
`
`For as long as the defendant owes any fine, restitution, and/or special assessment imposed by this judgment,
`the defendant must not incur new credit charges or open additional lines of credit without the approval of the
`United States Probation Office unless the defendant is in compliance with the installment payment schedule. -
`
`These conditions have been read to me. I fully understand the conditions and have been provided a copy of them. Upon a finding of a
`violation of supervision, I understand the Court may: (1) revoke supervision; (2) extend the term of supervision; and/or (3) modify the
`condition of supervisiOn.
`
`Defendant
`
`United States Probation Officer/Designated Witness
`
`Date
`
`Date
`
`Case 5:20-cr-O4081-LTS-KEM Document 28 Filed 04/02/21 Page 5 of 7
`Case 5:20-cr-04081-LTS-KEM Document 28 Filed 04/02/21 Page 5 of 7
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`

`

`A0 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
`
`(NOTE: For Amended Judgment, Identify Changes with Asterisks (‘))
`
`Judgment
`5
`of
`1
`
`DEFENDANT:
`
`JAY EARNEST NIDAY
`
`CASE NUMBER:
`
`0862 5:20CR0408l-001
`
`CRIMINAL MONETARY PENALTIES
`
`The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
`
`.
`
`TOTALS
`
`Assessment
`
`S 200 (paid)
`
`AVAA Assessment‘
`
`JVTA Assessment2
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`3 0
`
`S 0
`
`Fine
`
`$ 6,000
`
`Restitution
`
`S 0
`
`D The determination of restitution is deferred until
`after such determination.
`
`. An Amended Judgment in a Criminal Case (AOZ45C) will be entered
`
`El The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
`
`If the defendant makes a partial payment, each payee shall 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 Loss3
`
`Restitution Ordered
`
`Priority; or Percentage
`
`TOTALS
`
`3
`
`S
`
`E] Restitution amount ordered pursuant to plea agreement S
`
`I The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
`fifteenth day afier the date of thejudgment, pursuant to 18 U.S.C. § 3612(0. 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).
`
`[I The court determined that the defendant does not have the ability to pay interest and it is ordered that:
`
`D the interest requirement is waived for the D fine D restitution.
`
`[I the interest requirement for the D fine D restitution is modifiedasfollows:
`
`'Amy, Vicky, and Any Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
`2Justice for Victims of Trafficking Act of 2015, 18 U.S.C. § 3014.
`3Findings 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 5:20-cr-O4081-LTS-KEM Document 28 Filed 04/02/21 Page 6 of 7
`Case 5:20-cr-04081-LTS-KEM Document 28 Filed 04/02/21 Page 6 of 7
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`

`

`A0 245 B&C (Rev. Ol/l7) Judgment and Amended Judgment in a Criminal Case
`Judgment—Page
`7
`of
`7
`
`DEFENDANT:
`CASE NUMBER:
`
`JAY EARNEST NIDAY
`0862 5:20CR04081-001
`
`SCHEDULE OF PAYMENTS
`
`Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
`
`AI
`
`3 6,200 due immediately;
`
`not later than
`|:|
`I in accordance with
`
`I]
`
`,or
`C, D D,
`
`I]
`
`E, or I Fbelow; or
`
`BIZl
`
`Payment to begin immediately (may be combined with
`
`[I , C,
`
`[I D, or
`
`E]
`
`F below); or
`
`CEI
`
`DE]
`
`over a period of
`(e.g., weekly, monthly, quarterly) installments of $
`Payment in equal
`(e.g., months or years), to commence
`(e.g., 30 or 60 days) after the date of this judgment; or
`
`over a period of
`(e.g., weekly, monthly. quarterly) installments of 3
`Payment in equal
`(e.g., months or years), to commence
`(e.g., 30 or 60 days) after release from imprisonment to a
`term of supervision; or
`
`EEI
`
`(e.g., 30 or 60 days) after release from
`Payment during the term of supervised release will commence within
`imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or
`
`Fl
`
`Special instructions regarding the payment of criminal monetary penalties:
`
`It is ordered that $6,000 of the defendant's fine is payable immediately and the balance is due immediately in accordance
`with the following payment plan. If any of the defendant's court ordered financial obligations are still owed while the
`defendant is incarcerated, the defendant must make monthly payments in accordance with the Bureau of Prisons
`Financial Responsibility Program. The amount of the monthly payments will not exceed 50% of the funds available to
`the defendant through institution or non-institution (community) resources and will be at least $25 per quarter. If the
`defendant still owes any portion of the financial obligation(s) at the time of release from imprisonment, the defendant
`must pay it as a condition of supervision and the United States Probation Office will pursue collection of the amount
`due pursuant to a payment schedule approved by the Court. The defendant must notify the United States Attorney for
`the Northern District of Iowa within 30 days of any change of the defendant's mailing or residence address that occurs
`while any portion of the financial obligation(s) remains unpaid.
`-
`The $200 special assessment was paid on September 28, 2020, receipt #IAN110027930.
`
`Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due
`during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate
`Financial Responsibility Program, are made to the clerk of the court.
`
`The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.
`
`'3 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.
`
`D The defendant must pay the cost of prosecution.
`
`I The defendant must pay the following court cost(s):
`
`It is ordered that the defendant pay $2,500 in attorney fees for the
`defendant's court appointed counsel. A $250 payment was made on
`March 14, 2019, receipt #IAN550002136 under Docket No. 1:19-mj-
`00043-KEM-1.
`
`U The defendant must 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 5:20-cr-O4081-LTS-KEM Document 28 Filed 04/02/21 Page 7 of 7
`Case 5:20-cr-04081-LTS-KEM Document 28 Filed 04/02/21 Page 7 of 7
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`