United States District Court, N.D. California
February 2, 2004.
UNITED STATES OF AMERICA
The opinion of the court was delivered by: CHARLES BREYER, District Judge
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
? pleaded guilty to count(s): 1 of the Information.
? pleaded nolo contendere to count(s)___ which was accepted by the
? 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
 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
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
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)
[x] The Court makes the following recommendations to the Bureau of
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
 The defendant shall surrender to the United States Marshal for this
 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.
I have executed this judgment as follows:
Defendant delivered on_________________ to__________________________
at ______________________, with a certified copy of this judgment.
UNITED STATES MARSHAL
Deputy U.S. Marshal
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
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
 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
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
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
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
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
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
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
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
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
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
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.
[fn*]Total Amount of Priority Order or
Name of Payee Amount of Loss Restitution Ordered Percentage of Payment
Totals: $- $-
 If applicable, restitution amount ordered pursuant to plea agreement
 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
 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;
E  Special instructions regarding the payment of criminal monetary
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 Several
Case Number Joint and Several
(including Defendant Defendant Name Amount
 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.
[fn*] 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.
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