Opinion
Case #1:12CR12-001 USM# 21557-017
04-29-2013
UNITED STATES OF AMERICA v. ROBERT STANLEY ZIOLKOWSKI
Defendant's Attorney: Daniel Daly (Retained)
Defendant's Attorney:
Daniel Daly (Retained)
JUDGMENT IN A CRIMINAL CASE
The defendant was found guilty of Count 1 of the Indictment on December 5, 2012. Accordingly, IT IS ORDERED that the defendant is adjudged guilty of such count which involves the following offense:
+-----------------------------------------------------------------------------+ ¦TITLE/SECTION ¦NATURE OF ¦DATE OFFENSE ¦ ¦ ¦ ¦ ¦ ¦COUNT ¦ ¦NUMBER ¦OFFENSE ¦CONCLUDED ¦ ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦ ¦Travel with Intent to Engage in ¦ ¦ ¦ ¦18 U.S.C. § 2423 ¦Illicit ¦February 2, ¦1 ¦ ¦(b) ¦ ¦2012 ¦ ¦ ¦ ¦Sexual Conduct ¦ ¦ ¦ +-----------------------------------------------------------------------------+ The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984, including amendments effective subsequent to 1984, and the Sentencing Guidelines promulgated by the U.S. Sentencing Commission. 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.
Date of Imposition of Sentence:
April 19, 2013
______________________
M. CASEY RODGERS
CHIEF 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 three hundred and sixty (360) months as to Count One. The Court recommends to the Bureau of Prisons that the defendant be designated to a facility that provides a sex offender treatment program as close as possible to Buffalo, New York. The defendant was previously denied bond and is remanded to the custody of the United States Marshal.
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 Life as to Count One. The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from custody of the Bureau of Prisons. The defendant shall not commit another federal, state, or local crime and shall not possess a firearm, destructive device, or any other dangerous weapon. 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 defendant shall cooperate in the collection of DNA as directed by the probation officer.
STANDARD CONDITIONS OF SUPERVISION
The defendant shall comply with the following standard conditions that have been adopted by this court. 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 10 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 72 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. 14. if this judgment imposes a fine or a restitution obligation, it shall be a condition of supervision that the defendant pay any such fine or restitution in accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment.
ADDITIONAL CONDITIONS OF SUPERVISED RELEASE
The defendant shall also comply with the following additional conditions of supervised release: 1. The defendant shall report in person to the probation office in the district to which he is released within 72 hours of his release from the Bureau of Prisons. 2. The defendant shall not own or possess a firearm, dangerous weapon, or destructive device. 3. The defendant shall permit the U.S. probation officer to search his person, property, house, residence, vehicle, papers, computer, other electronic communications, data storage devices or media, and the effects at any time, for compliance with the terms of his supervision. 4. The defendant shall not own, possess, attach or use any computer, modem, network device, software, storage media, or peripheral device which has not been made known to the probation officer and approved in advance. The defendant may not purchase any computer, computer components, or computer-related equipment without prior approval of the probation officer and be subject to computer monitoring as directed by the probation officer. 5. The defendant is prohibited from maintaining or creating an account on any social networking site that allows access to minor children, or allows for the exchange of sexually explicit material or chat conversation, etc. This includes any other internet sites that advertise for sexual services in the form of personal services. 6. The defendant will not use a Web Cam or any other hardware that allows for the exchange of video or photographs via a live feed or video messaging. 7. The defendant will not install new hardware, software, or effect repairs on his computer system without receiving prior permission from the probation officer. 8. The defendant will disclose and provide serial numbers to the probation officer for all data storage devices, including removable storage devices. The defendant will provide access to the storage drives for inspection by the probation officer. The defendant may not purchase new devices or dispose of any existing storage device without the prior consent or approval of the probation officer. 9. The defendant shall not use or possess any removable storage device or cellular telephone that allows internet access without prior approval of the probation officer. 10. The defendant shall disclose all user names and passwords for all computer programs, including email accounts, to the probation officer. The defendant shall not create or use any email account without approval from the probation officer. 11. The defendant will immediately cease all computer use if directed by the probation officer. 12. The defendant shall not frequent locations where children under the age of 18 are likely to congregate. 13. The defendant shall have no contact with minor children under the age of 18 in any form, direct or indirect, including but not limited to, personally, by computer, telephone, letter, or through another person, without the approval of the probation officer. Any contact with a minor must be reported immediately to the probation officer. 14. The defendant shall register with the state sex offender registration agency in any state where he resides, is employed, carries a vocation, is a student, or as otherwise directed by the supervising probation officer. The probation office will provide the state officials with any and all information required by the state sex offender registration agency and may direct the defendant to report to that agency personally for additional processing such as photographing or fingerprinting. 15. The defendant shall participate in a program of mental health counseling, to include sex offender treatment, and/or evaluation as may be directed by the probation officer. Upon a finding of a violation of probation or supervised release, I understand the Court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision. These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
______________________
Defendant
______________________
U.S. Probation Officer/Designated Witness
CRIMINAL MONETARY PENALTIES
All criminal monetary penalty payments, except those payments made through the Bureau of Prisons' Inmate Financial Responsibility Program, are to be made to the Clerk, U.S. District Court, unless otherwise directed by the Court. Payments shall be made payable to the Clerk, U.S. District Court, and mailed to 111 N. Adams St., Suite 322, Tallahassee, FL 32301-7717. Payments can be made in the form of cash if paid in person. The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth in the Schedule of Payments. 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 judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options in the Schedule of Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).
SUMMARY
+------------------------------------------+ ¦Special ¦ ¦ ¦ ¦ ¦ Fine ¦ Restitution ¦ ¦ Monetary Assessment ¦ ¦ ¦ +---------------------+------+-------------¦ ¦$100.00 ¦NONE ¦NONE ¦ +------------------------------------------+
SPECIAL MONETARY ASSESSMENT
A special monetary assessment of $100.00 is imposed, and is due in full immediately.
FINE
NONE
RESTITUTION
NONE
SCHEDULE OF PAYMENTS
Payments shall be applied in the following order: (1) special monetary assessment; (2) non-federal victim restitution; (3) federal victim restitution; (4) fine principal; (5) costs; (6) interest; and (7) penalties in full immediately. The defendant must notify the court of any material changes in the defendant's economic circumstances, in accordance with 18 U.S.C. §§ 3572(d), 3664(k) and 3664(n). Upon notice of a change in the defendant's economic condition, the Court may adjust the installment payment schedule as the interests of justice require. Special instructions regarding the payment of criminal monetary penalties pursuant to 18 U.S.C. § 3664(f)(3)(A): Unless the court has expressly ordered otherwise above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment. In the event the entire amount of monetary penalties imposed is not paid prior to the commencement of supervision, the U.S. probation officer shall pursue collection of the amount due. The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.