Opinion
Case Number: CR-02-0272-01 CRB
February 2, 2004
Seth P. Chasin, for Defendant's
JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987)
THE DEFENDANT:
pleaded guilty to count(s): 1 of the Information.
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 Section Nature of Offense Date Offense Concluded Count Number(s) 18U.S.C. § 2252A
(a)(1) Transportation of Child Pornography The defendant is sentenced as provided in pages 2 through _9_ 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 FURTHER 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.
Defendant's Soc. Sec. No.: 3455 ____________________
Defendant's Date of Birth: 1945 ____________________
Defendant's USM No.: 92566-011 ____________________
Defendant's Residence Address: 821 Elisa Way Roseville, CA 95661
Defendant's Mailing Address: 821 Elisa Way Roseville, CA 95661
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of twenty-seven (27) months.[x] The Court makes the following recommendations to the Bureau of Prisons:
The defendant participate in the program for sexual offenders offered through the Bureau of Prisons at FCI Butner
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___on___.
as notified by the United States Marshal.
[x] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[x] before 12:00 p.m. on March 29, 2004.
[x] as notified by the United States Marshal, in the event that a facility has not been designated the defendant is to surrender to the U.S. Marshal at 555 Turk 20th floor San Francisco, CA.
as notified by the Probation or Pretrial Services Officer.
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 U.S. Marshal
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of three (3)years.While on Supervised Release you shall not commit another federal, state or local crime and shall not illegally possess a controlled substance. Revocation of supervised release is mandatory for possession of 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.
The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check if applicable.)
[x] The defendant shall not possess a firearm, destructive device, or any other dangerous weapon.
Revocation of supervised release in mandatory for refusal to comply with drug testing imposed as a condition of supervision. 18 U.S.C. § 3565(b)(3) and 3583(g)(3)
You shall pay the assessment imposed in accordance with 18 U.S.C. § 3013, and shall immediately notify the probation officer of any change in your economic circumstances that might affect your ability to pay a special assessment, fine, restitution, or co-payments ordered by the Court.
If the judgment imposed a fine or a restitution obligation, it shall be a condition of supervision that you pay any such fine or restitution that remains unpaid at the commencement of the term of supervision in accordance with any Schedule of Payments set forth in the Criminal Monetary Penalties sheet of the judgment. In any case, the defendant shall cooperate with the probation officer in meeting any financial obligations
STANDARD CONDITIONS OF SUPERVISION
It is the order of the Court that the defendant shall comply with the following standard conditions:1) The defendant shall not leave the judicial district or other specified geographical area without permission of the Court or the probation officer;
2) The defendant shall report to the probation officer as directed by the Court or the probation officer, and shall submit a truthful and complete written report within the first five days of each month;
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 dependants and meet other family responsibilities, including but not limited to, compliance with the terms of any court order or administrative process pursuant to the laws of a state, the District of Columbia, or any other possession or territory of the United States, requiring payments by the defendant for the support and maintenance of any child or of a child and the parent with whom the child is living;
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 (10) days prior to any change in residence or employment;
7) The defendant shall consume no alcohol if sentenced to the special condition that the defendant is to participate in a drug/alcohol program;
8) 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 substance, except as prescribed by a physician;
9) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
10) 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;
11) The defendant shall permit a probation officer to visit the defendant at any time at home or elsewhere, and shall permit confiscation of any contraband observed in plain view by the probation officer;
12) The defendant shall notify the probation officer within seventy-two (72) hours of being arrested or questioned by a law enforcement officer;
13) 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;
14) The defendant shall notify third parties of risks related to the defendant's criminal record, personal history, or characteristics, and shall permit the probation officer to make such notifications and/or confirm the defendant compliance with this notification requirement
SPECIAL CONDITIONS OF SUPERVISION
1) The defendant shall submit his person, residence, vehicle, or any property under his/her control to a search conducted by a U.S. Probation Officer at a reasonable time and manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to submit to such a search may be grounds for revocation and the defendant shall warn any residents that the premises may be subject to searches pursuant to this condition.2) The defendant shall make an application to register as a sex/arson/drug offender pursuant to state law.
3) The defendant shall participate in sex offender treatment as directed by the probation officer and submit to risk assessment including physiological testing which may include, but is not limited to, polygraph examinations. The defendant shall contribute to the cost of treatment in an amount to be determined by the probation officer.
4) The defendant shall not possess or use a computer with access to any "on-line computer service" at any location (including employment) without the prior approval of the probation officer. This includes any Internet service provider, bulletin board system, or any other public or private computer network.
5) The defendant shall not possess or use any data encryption technique or program.
6) The defendant shall (1) consent to the probation officer conducting periodic unannounced examinations of his computer equipment, which may include retrieval a dnd copying of all data from his computer(s) and any internal or external peripherals to ensure compliance with this condition and/or removal of such equipment for the purpose of conducting as a more thorough inspection, and (2) consent at the direction of the probation officer to having installed on his computer(s), at the defendant's expense, any hardware or software systems to monitor his computer use.
7) The defendant shall refrain from accessing, via a computer, any "material" that relates to the activity in which he was engaged in committing the instant offense(s), parole, probation, or supervised release violation behavior, namely child pornography or "chat rooms" with real or alleged minors.
8) The defendant shall maintain a daily log of all addresses he accesses via any personal computer (or other computer used by him), other than for authorized employment, and make this log available to the probation officer
9) The defendant shall provide all personal/business phone records to the probation officer upon request. Further, the defendant shall provide the probation officer written authorization to request a record of all his outgoing or incoming phone calls from any phone service provider.
10) The defendant shall not possess or use any computer; however, he may, with the prior approval of the probation officer, use a computer in connection with authorized employment and/or education.
11) The defendant shall consent to third party disclosure to any employer or potential employer, concerning any computer-related restrictions that are imposed.
12) The defendant shall participate in a mental health treatment program, as directed by the probation officer. The defendant is to pay part or all costs of this treatment, at an amount not to exceed sixty dollars ($60.00) per session, as deemed appropriate by the probation officer. Payments shall never exceed the total cost of mental health counseling. The actual co-payment schedule shall be determined by the probation officer.
13) The defendant shall participate in a program of testing and treatment for alcohol abuse, as directed by the probation officer, until such time as the defendant is released from treatment by the probation officer. The defendant is to pay part or all of the cost of this treatment, at an amount not exceed sixty dollars ($60.00) per session, as deemed appropriate by the probation officer. Payments shall never exceed the total cost of urinalysis and counseling. The actual co-payment schedule shall be determined by the probation officer.
14) The defendant shall abstain from the use of all alcoholic beverages.
15) The defendant shall not have any contact with a minor uner the age of 18, unless such contact is authorized by the probation office.
16) The defendant shall pay any fine, restitution or special assessment that is imposed by this judgment, and that remains unpaid upon commencement of supervised release. Payments shall be made in regular installments as directed by the probation officer;
It is further ordered that the defendant shall pay to the United States a special assessment of $100 which shall be due immediately.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments directly following the Monetary Penalties section.Assessment Fine Restitution Totals: $100.00 $-0- $-0- The determination of restitution is deferred until ___. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.The defendant shall make restitution (including community restitution) to the following payees in the amounts listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportional 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 in full prior to the United States receiving payment. Total Amount of Priority Order or Name of Payee Amount of Loss Restitution Ordered Percentage of Payment Totals
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113 A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.
The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 5, Part B 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 and/or restitution.the interest requirement for the fine and/or restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:A [x] Lump sum payment of $ 100.00 due immediately.
not later than___, or
in accordance with () C, () D, or () E below; or
B Payment to begin immediately (may be combined with () C, () D, or () E below); or
C Payment in___ (e.g. equal, weekly, monthly, quarterly) installments of $___over a period of___ (e.g., months or year(s)), to commence___(e.g., 30 or 60 days) after the date of this judgment; or
D Payment in___(e.g. equal, weekly, monthly, quarterly) installments of $___over a period of___(e.g., months or year(s)), to commence___(e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or
E Special instructions regarding the payment of criminal monetary penalties:
Unless the court has expressly ordered otherwise in the special instruction 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 penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court, unless otherwise directed by the court, the probation officer, or the United States attorney.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
Joint and SeveralJoint and Several (including Defendant Defendant Name Amount Number
Case Number ) 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) fine principal, (5) community restitution, (6) fine interest, (7) penalties, (8) costs, including cost of prosecution and court costs.