The opinion of the court was delivered by: Manuel L. Real District Judge
CORRECTED/AMENDED JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: NOVEMBER 30, 2009
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL Edward Robinson, retained PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY FINDING:
There being a jury verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Use of interstate facilities to transmit information about a minor in violation of Title 18 USC 2425 as charged in count 2 of the indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
The Court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the court that the defendant is hereby committed to the Bureau of Prisons to
be imprisoned for a term of:
Sixty (60) days in a jail-type facility.
IT IS FURTHER ADJUDGED that upon release from imprisonment the defendant shall be placed on Supervised Release for a term of five (5) years under the following terms and conditions: the defendant 1) shall, upon release from custody from the 60 days in a jail-type facility in the custody of the Bureau of prisons, be placed on sixty (60) days of home detention, under such monitoring restrictions as directed by the Probation Office; 2) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 3) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 4) shall perform twenty-five hundred (2500) hours of community service, as directed by the Probation Officer; 5) shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment; 6) shall cooperate in the collection of a DNA sample from the defendant; 7) shall appear in person before the Court every 120 days, as directed by the Probation Officer; 8) shall participate in a psychological counseling or psychiatric treatment or a sex offender treatment program, as approved and directed by the Probation Officer, and the defendant shall abide by all rules, requirements, and conditions of such program, and the Probation Officer shall disclose the presentence report or any previous mental health evaluations or reports to the treatment provider; 9) shall grant a limited waiver of his right of confidentiality in any records of mental health treatment imposed as a consequence of this judgment to allow the treatment provider to provide information to the Probation Officer and sign all necessary releases to enable the Probation Officer to monitor the defendant's progress, and the Probation Officer shall disclose the presentence report, and any mental health evaluations to the treatment provider; 10) shall, as directed by the Probation Officer, pay all or part of the costs of treating the defendant's mental health treatment to the aftercare contractor during the period of probation, pursuant to 18 U.S.C. 3672, and the defendant shall provide payment and proof of payment as directed by the Probation Officer; 11) defendant's residence shall be approved by the Probation Officer, and any change in residence must be pre-approved by the Probation Officer, and the defendant shall submit the address of the proposed residence to the Probation Officer at least 10 days prior to any scheduled move; 12) shall not associate or have verbal, written, telephonic or electronic communication with any person under the age of 18, except: a) in the presence of the parent or legal guardian of said minor, and b) on the condition that the defendant notify said parent or legal guardian of his conviction in the instant offense, however, this provision does not encompass persons under the age of 18, such as waiters, cashiers, ticket vendors, etc., with whom the defendant must deal with in order to obtain ordinary and usual commercial services; 13) shall possess and use only those computers and computer-related devices, screen user names, passwords, email accounts, and internet service providers (ISPs), which have been disclosed to the Probation Officer upon commencement of supervision; any changes or additions are to be disclosed to the Probation Officer prior to the first use; computers and computer-related devices are personal computers, personal data assistants (PDAs), internet appliances, electronic games, cellular telephones, and digital storage media, as well as their peripheral equipment, that can access, or can be modified to access, the Internet, electronic bulletin boards, and other computers; 14) all computers, computer-related devices, and their peripheral equipment, used by defendant shall be subject to search and seizure; this shall not apply to items used at the employment's site, which are maintained by the employer; 15) shall be subject to the installation of monitoring software and hardware and shall pay the cost of the computer monitoring in an amount not to exceed $30 per month per device connected to the Internet; 16) shall submit to a search, at any time, with or without warrant, and by any law enforcement or probation officer, of the defendant's person and any property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices or media, and effects upon reasonable suspicion concerning a violation of a condition of supervision or unlawful conduct by the defendant, or by any probation officer in the lawful discharge of the officer's supervision functions.
IT IS FURTHER ORDERED that defendant pay to the United States a special assessment of $100.00, which is due immediately.
IT IS FURTHER ORDERED that defendant pay a fine to the United States in the amount of $2,500.00; the fine shall be due during the period of imprisonment at the rate of not less than $25.00 per month. Any amount of the fine unpaid after release from custody shall be made in monthly installments of at least $100.00; these payments shall begin 30 days after release from custody.
IT IS FURTHER ORDERED that count 1 of the indictment is dismissed. Defendant is advised of his right to appeal.
IT IS FURTHER ORDERED that the commencement of the 60 days of incarceration in a jail-type facility in the custody of the Bureau of Prisons is stayed until January 11, 2010 at 12 noon, by which date and time the defendant shall self-surrender to the designated facility or to the U.S. Marshal at the Roybal Federal Building/Courthouse located at 255 East Temple Street, Los Angeles, CA 90012, for commencement of service of his 60 days incarceration in a jail-type facility.
IT IS FURTHER ORDERED that the bond of the defendant shall be exonerated upon his completion of 60 days of incarceration in a jail-type facility ...