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United States v. Appel

January 6, 2010

UNITED STATES OF AMERICA
v.
BRIAN APPEL SOCIAL SECURITY NO. 5 6 2 2 BRIAN HOWARD APPEL (TRUE NAME); BRIEN APPEL (LAST 4 DIGITS)



The opinion of the court was delivered by: Stephen V. Wilson, U. S. District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 12 07 2009

X WITH COUNSEL Marilyn E. Bednarski, Retained

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO

CONTENDERE NOT

GUILTY

There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Possession of child pornography pursuant to 18 U.S.C. §2252A(a)(5)(B) as charged in Count One (1) of the Information

The Court asked whether there was any reason 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, Brian Appel, is hereby committed on Count One (1) of the Single-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of two (2) days. The defendant is to be given credit for these two (2) days for time served upon his arrest on this case in April 2009, thus the Court considers that the custody

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of ten (10) yearsunder the following terms and

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

The defendant shall participate for a period of 18 months in a Location Monitoring program which may include electronic monitoring, GPS, voice and/or video recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. It has been determined that monitoring transmitters may adversely affect pacemakers and other electronic implant devices. The defendant shall notify third parties likely to be at risk than monitoring transmitters are present and shall permit the Probation Officer to confirm compliance with such notifications.

The defendant shall perform 200 hours of community service, as directed by the Probation Officer;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

The defendant shall register as a sex offender, and keep the registration current, in each jurisdiction where he resides, where he is an employee, and where he is a student, to the extent the registration procedures have been established in each jurisdiction. When registering for the first time, the defendant shall also register in the jurisdiction in which the conviction occurred if different from his jurisdiction of residence. The defendant shall provide proof of registration to the Probation Officer within three days of release from imprisonment;

The defendant shall immediately report directly to the probation office for instructions regarding the registration requirements created by the Adam Walsh Child Protection and Safety Act of 2006;

The defendant shall participate in a psychological counseling or psychiatric treatment or a sex offender treatment program, as approved and directed by the Probation Officer. The defendant shall abide by all rules, requirements, and conditions of such program. The Probation Officer shall disclose the presentence report or any previous mental health evaluations or reports to the treatment provider;

The defendant shall not possess any materials, including pictures, photographs, books, writings, drawings, videos, or video games, depicting and/or describing child pornography, as defined in 18 U.S.C. § 2256(8); This condition does not prohibit the defendant from possessing materials solely because they are necessary to, and used for, a collateral attack, nor does it prohibit him from possessing materials prepared for, and used for, the purposes of his court-mandated sex offender treatment, when the defendant's treatment provider for the probation officer has approved of his possession of the material in advance;

The defendant shall use only those computers and computer-related devices, screen user names, passwords, email accounts, and internet service providers (ISPs), as approved by the Probation Officer. Computers and computer-related devices include, but are not limited to, personal computers, personal data assistants (PDAs), internet appliances, electronic games, and cellular telephones, as well as their peripheral equipment, that can access, or can be modified to access, the internet, electronic bulletin boards, and other computers, or similar media;

All computers, computer-related devices, and their peripheral equipment, used by the defendant shall be subject to search and seizure. This shall not apply to items used at the employment's site, which are maintained and monitored by the employer; and

The defendant shall be subject to the installation of monitoring software and hardware. The defendant shall pay the cost of the computer monitoring, in an amount not to exceed $30 per month per device connected to the internet.

It is ordered that the defendant shall pay to the United States a special assessment of $100, ...


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