Opinion
06-12-2012
UNITED STATES OF AMERICA v. DAVID BOWERS (1)
CHARLES ADAIR, CJA _ Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
CHARLES ADAIR, CJA_
Defendant's Attorney
REGISTRATION NO. 24311298
[]
THE DEFENDANT:
[×] pleaded guilty to count(s) 1 OF the INFORMATION
[] was found guilty on count(s) _______________ after a plea of not guilty.
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):
+-----------------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Count Number¦ ¦ ¦ ¦(s) ¦ +-----------------+--------------------------------------------+--------------¦ ¦18 USC 2252 (a) ¦RECEIPT OF IMAGES OF MINORS ENGAGED IN ¦1 ¦ ¦(2) ¦SEXUALLY EXPLICIT CONDUCT ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 4 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.
[×] Assessment: $100.00
[×] Fine waived [] Forfeiture pursuant to order filed _______________, included herein.
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 restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.
JUNE 11, 2012
Date of Imposition of Sentence
_______________
HON. WILLIAM Q. HAYES
UNITED STATES DISTRICT JUDGE
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 96 months
[] Sentence imposed pursuant to Title 8 USC Section 1326(b).
[×] The court makes the following recommendations to the Bureau of Prisons:
That the defendant participate in the Residential Drug Abuse Program (RDAP) and be designated to a facility in the Western Region
[] 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 _______________
[] 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
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: 5 years
The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.
The defendant shall not commit another federal, state or local crime. For offenses committed on or after September 13, 1994:
The defendant shall not illegally possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall 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. Testing requirements will not exceed submission of more than 4 drug tests per month during the term of supervision, unless otherwise ordered by court.
[] The above drag testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.)
[×] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.
[×] The defendant shall cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000. pursuant to 18 USC sections 3563(a)(7) and 3583(d).
[] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check if applicable.)
[] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.
The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.
STANDARD CONDITIONS OF SUPERVISION
1) the defendant shall not leave the judicial district without the permission of the court or probation officer;
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
4) the defendant shall support his or her dependents and meet other family responsibilities;
5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;
6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;
8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
9) 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;
10) 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 in plain view of the probation officer;
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
12) 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; and
13) 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.
SPECIAL CONDITIONS OF SUPERVISION
X. Submit your person, property, house, residence, abode or vehicle, at a reasonable time and in a reasonable manner, by the probation officer.
X. Complete a sex offender evaluation, which may include periodic psychological, physiological testing, and completion of the ABEL assessment, at the direction of the court or probation officer; and that the offender participate and successfully complete an approved state-certified sex offender treatment program, including compliance with all lifestyle restrictions and treatment requirements of the program. The offender will allow reciprocal release of information between the probation officer and the treatment provider, and pay all costs associated with this treatment.
X. Participate in a program of mental health treatment, speciically related to sexual offender therapy as directed by the probation officer. The defendant shall enter, cooperate and complete any such program until release by the probation officer. The defendant shall abide by all program rules and regulations, including participating in any psycho-sexual testing and/or assessment, at the direction of the probation officer or therapist. The Court authorizes the release of the presentence report and available psychological evaluations to the mental health provider, as approved by the probation officer. The defendant may be required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.
X. The defendant shall not use a computer, recording device, facsimile or similar device to access child pornography. The defendant shall consent to random inspection of the computer and to the installation of computer software that will enable the probation officer to monitor computer use on any computer owned or used or controlled by the defendant. The defendant shall pay the cost of installation of the software. The defendant shall not possess or use any date encryption techniques or program.
X. The defendant shall not possess any child or adult erotica, pornographic or sexually-oriented/stimulation materials, including visual, auditory, telephonic or electronic media, and computer programs; and shall no patroize any please where such materials or entertainment is available.
X. Not knowingly associate with or have any contact with any sex offenders unless in an approved treatment and/or counseling setting.
X. Not be employed in or participate in any volunteer activity that involves contact with children under the age of 18, except under circumstances approved in advance (and in writing) by the probation officer.
X. Consent to third party disclosure to any employer, potential employer, concerning any restrictions that are imposed by the court.
X. Provide complete disclosure of personal and business financial records to probation officer.
X. Report all vehicles owned or operated, or in which you have an interest, to the probation officer.
X. The defendant shall register with the state sex offender registration agency in any state where the defendant resides, is employed, carries on vocation, or is a student, as direct by the probation officer. The probation officer will provide the state officials with any and all information required by the state sex offender registration agency. The defendant shall register with the state sex offender registration agency in any state where the defendant reside throughout the period of supervision. This requirement includes any state where the may reside, work or is a student.
X. The defendant shall not have any contact with any child under the age of 18 including contact via telephone, internet, or, mail, unless in the presence of a supervising adult (who is aware of the defendant's conviction in the instant offense) and with prior approval of the probation officer. The defendant shall immediately report any unauthorized contact with minor-aged children to probation officer.