Opinion
CASE NUMBER: 8:11-cr-221-T-30AEP USM NUMBER: 53811-018
09-08-2011
UNITED STATES OF AMERICA v. NATANAEL OSVALDO TERRERO
JUDGMENT IN A CRIMINAL CASE
Defendant's Attorney: Dan Kevin Duryea and William E. Gottfried, ret.
THE DEFENDANT:
× pleaded guilty to count(s) ONE and TWO 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.
+-----------------------------------------------------------------------------+ ¦TITLE & SECTION ¦NATURE OF OFFENSE ¦OFFENSE ENDED ¦COUNT¦ +--------------------------+----------------------------+---------------+-----¦ ¦18 U.S.C. § 2252(a)(2) & ¦Distribution of Child ¦September 9, ¦One ¦ ¦(b)(1) ¦Pornography ¦2010 ¦ ¦ +--------------------------+----------------------------+---------------+-----¦ ¦18 U.S.C. § 2252(a)(2) & ¦Distribution of Child ¦October 26, ¦Two ¦ ¦(b)(1) ¦Pornography ¦2010 ¦ ¦ +-----------------------------------------------------------------------------+
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.
_ 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 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 ordered to pay restitution, the defendant must notify the court and United States Attorney of any material change in economic circumstances.
Date of Imposition of Sentence: September 8, 2011
JAMES S. MOODY, JR.
UNITED STATES DISTRICT JUDGE
IMPRISONMENT
After considering the advisory sentencing guidelines and all of the factors identified in Title 18 U.S.C. §§ 3553(a)(l)-(7), the court finds that the sentence imposed is sufficient, but not greater than necessary, to comply with the statutory purposes of sentencing.
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of ONE HUNDRED and EIGHTY (180) MONTHS. This term consists of ONE HUNDRED and EIGHTY (180) MONTHS as to Counts One and Two of the Information, all such terms to run concurrently.
× The court makes the following recommendations to the Bureau of Prisons: The defendant shall be placed at FCI Coleman.
× 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 Slates 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
________________
Deputy United States Marshal
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of LIFE as to both Counts One and Two of the Information, all such terms to run concurrently.
The defendant must 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. The defendant shall not unlawfully 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.
× The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future
substance abuse.
× The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. X The defendant shall cooperate in the collection of DNA as directed by the probation officer.
× The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works or is a student, as directed by the probation officer.
If this judgment imposes a fine or restitution it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.
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 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 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 arc 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
The defendant shall also comply with the following additional conditions of supervised release:
× Defendant shall participate as directed in a mental health program specializing in sexual offender treatment and submit to polygraph testing for treatment and monitoring purposes. The defendant shall follow the probation officer's instructions regarding the implementation of this Court directive. Further, the defendant shall contribute to the costs of services for such treatment and/or polygraphs not to exceed an amount determined reasonable by the Probation Officer based on ability to pay or availability of third party payment and in conformance with the Probation Office's Sliding Scale for Mental Health Treatment Services.
× The defendant shall register with the state sexual offender registration agency(s) in any state where he resides, visits, is employed, carries on a vocation, or is a student, as directed by his probation officer.
× The probation officer will provide state officials with all information required under Florida sexual predator and sexual offender notification and registration statutes (F.S. 943.0435) and/or the Sex Offender Registration and Notification Act (Title 1 of the Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248), and may direct the defendant to report to these agencies personally for required additional processing, such as photographing, fingerprinting, and DNA collection,
× The defendant shall have no direct contact with minors (under the age of 18) without the written approval of the probation officer and shall refrain from entering into any area where children frequently congregate including; schools, daycare centers, theme parks, playgrounds, etc.
× The defendant is prohibited from possessing, subscribing to, or viewing, any video, magazine, or literature depicting children in the nude and/or in sexually explicit positions.
× The defendant shall not possess or use a computer with access to any online service at any location (including employment) without written approval from the probation officer. This includes access through any internet service provider, bulletin board system, or any public or private computer network system. The defendant shall permit routine inspection of your computer system, hard drives, and other media storage materials, to confirm adherence to this condition. This inspection shall be nor more intrusive than is necessary to ensure compliance with this condition. The defendant shall inform his employer, or other third party who may be impacted by this condition, of this computer-related restriction and the computer inspection provision of the condition.
× The defendant shall submit to a search of his person, residence, place of business, any storage units under his/her control, computer, or vehicle, conducted by the United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release; failure to submit to a search may be grounds for revocation; defendant shall inform any other residents that the premises may be subject to search pursuant to this condition.
× Should the defendant be deported, he shall not be allowed to re-enter the United States without the express permission of the appropriate governmental authority.
× The defendant shall cooperate in the collection of DNA as directed by the probation officer.
× The mandatory drug testing provisions pursuant to the Violent Crime Control Act are waived.
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
+---------------------------------------------------+ ¦ ¦Assessment ¦Fine ¦Total Restitution ¦ +---------+------------+--------+-------------------¦ ¦Totals: ¦$200.00 ¦Waived ¦N/A ¦ +---------------------------------------------------+
__ The determination of restitution is deferred until_. An Amended Judgment in a Criminal Case (AO 245C) will
be entered after such determination.
__ The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all non-federal victims must be paid before the United States.
+----------------------------------------------------------------------------+ ¦Name of Payee ¦Total Loss ¦Restitution Ordered ¦Priority or Percentage ¦ +---------------+-------------+---------------------+------------------------¦ ¦Totals: ¦$ ¦$ ¦ ¦ +----------------------------------------------------------------------------+
Findings for the total amount of losses are required under Chapters 109 A, 110, 110A, and 113 A of Title 18 for the offenses committed on or after September 13, 1994, but before April 23, 1996.
__ Restitution amount ordered pursuant to plea agreement $_.
__ The defendant must pay interest on a fine or restitution of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, 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).
__ 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:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:
A. × Lump sum payment of $ 200.00 due immediately, balance due
_not later than ______, or
_in accordance _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 _________ days (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:
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 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:
The Court orders that the defendant forfeit to the United States immediately and voluntarily any and all assets previously identified in the Information that are subject to forfeiture. The defendant shall forfeit property including, but not limited to, the following: A Mac Book Pro Laptop, Model A1266, Serial Number W87395X8XAH; and a ScanDisk micro card, 16GB, identifying number JJUG5546AC. The Court makes the Preliminary Order of Forfeiture part of this judgment.
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.
UNITED STATES OF AMERICA
v.
NATANAEL OSVALDO TERRERO
CASE NO. 8:11 -cr-221-T-30AEP
PRELIMINARY ORDER OF FORFEITURE
Before the Court is the United States' Motion for a Preliminary Order of Forfeiture (Doc. 29), pursuant to the provisions of 18 U.S.C. § 2253, and-Federal Rule of Criminal Procedure 32.2(b)(2), for the following assets:
a. a MacBook Pro Laptop model A1226, serial number W87395X8XAH; and
b. a ScanDisk micro SD card, 16 GB, serial number JJUG5546AC.
Being fully advised in the premises, the Court finds that the United States has established the requisite nexus between the violations of 18 U.S.C. §§ 2252(a)(2) and (b)(1), for which the defendant has been convicted as charged in Counts One and Two of the Information, and the assets described above.
Accordingly, it is hereby ORDERED and ADJUDGED that:
1. The United States' motion (Doc. 29) is GRANTED.
2. Pursuant to 18 U.S.C. § 2253 and Federal Rule of Criminal Procedure 32.2(b)(2), all right, title, and interest of defendant Natanael Osvaldo Terrero in the assets described above are forfeited to the United States of America for disposition according to law, subject to the provisions of 21 U.S.C. § 853, as incorporated by 18 U.S.C. § 2253(b).
3. In accordance with Rule 32.2(b)(4) and the defendant's Plea Agreement (Doc. 21 at 8), this order of forfeiture shall be final as to the defendant at the time of entry.
4. The Court retains jurisdiction to enter any order necessary for the forfeiture and disposition of these assets, and to adjudicate any third party claims that may be asserted in these proceedings.
DONE and ORDERED in Tampa, Florida on August 12, 2011.
JAMES S. MOODY. JR.
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel/Parties of Record