Opinion
4:16CR06045-SAB-1
07-19-2022
USA v. Wheeler v.
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Stanley A. Bastian, Chief U.S. District Judge
Date of Original Sentence: September 20, 2017
Original Offense: Attempted Transfer of Obscene Material to a Minor, 18 U.S.C. § 1470
Original Sentence: Prison - 60 months; Type of Supervision: Supervised Release
TSR - 36 months
Asst. U.S. Attorney: Daniel Fruchter Date Supervision Commenced: January 21, 2022
Defense Attorney: Federal Defenders Office Date Supervision Expires: January 20, 2025
PETITIONING THE COURT
To issue a summons.
On January 27, 2022, a U.S. probation officer reviewed Mr. Wheeler's conditions of supervised release with him. He signed his judgement acknowledging his understanding of his conditions of supervision.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number Nature of Noncompliance
1 Special Condition #7: You are prohibited from possessing or manufacturing any material, including videos, magazines, photographs, computer-generated depictions, or any other media that depict sexually explicit conduct involving children or adults, as defined at 18 U.S.C. 2256 (2). You must not enter any establishment involved in the sex industry, including but not limited to adult bookstores, massage parlors, and strips clubs. You must not utilize any sex-related adult telephone numbers. The supervising officer is authorized to monitor compliance in this area by obtaining relative records including but not limited to telephone, Internet, credit cards and bank statements.
Supporting Evidence:
On July 4, 2022, the undersigned officer received notifications that were flagged from Covenant Eyes. The report identified several (approximately 10 photos) sexually explicit images.
On July 8, 2022, Mr. Wheeler reported to the U.S. Probation Office as instructed. This officer discussed the notifications from Covenant Eyes with Mr. Wheeler. During that conversation, he advised that he went on a website to view comic strip content that led to sexually explicit images. Mr. Wheeler admitted to being on that site in the past and knowing what content that he would be viewing.
The U.S. Probation Office respectfully recommends the Court issue a summons requiring the offender to appear to answer to the allegation/s) contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: 07/18/2022
Courtney Harnbel U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[X] The Issuance of a Summons,