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United States v. Maldonado

United States District Court Eastern District of California


January 11, 2010

UNITED STATES OF AMERICA
v.
RALPH ANTHONY MALDONADO

The opinion of the court was delivered by: Oliver W. Wanger, United States District Judge

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November 1, 1987)

Charles F. Magill Defendant's Attorney

THE DEFENDANT:

pleaded guilty to count(s):. pleaded nolo contendere to counts(s) which was accepted by the court. was found guilty on count 1 of the Second Superseding Indictm ent after a plea of not guilty.

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):

Date Offense Count Section Nature of Offense Concluded Number(s) 1470 Transfer of Obscene Material to Minors and 4/8/2008 1ss

Attem pt (CLASS C FELONY)

The defendant is sentenced as provided in pages 2 through 7 of this judgm ent. The sentence is im posed t to the Sentencing Reform Act of 1984.

The defendant has been found not guilty on counts(s) and is discharged as to such count(s).

All remaining of the Second Superseding Indictm ent are dismissed on the m otion of the United States.

Indictm ent and Superseding Indictm ent to be dism issed by District Court on m otion of the United States.

Appeal rights given. [ ] Appeal rights waived.

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 any change of nam e, residence, or m ailing address until all fines, restitution, costs, and special assessm ents d by this judgm ent are fully paid. If ordered to pay restitution, the defendant m ust notify the court and United States of material changes in econom ic circum stances.

11/23/2009 Date of Im position of Judgm ent

Nam e & Title of Judicial Officer

IMPRISONMENT

The defendant is hereby com m itted to the custody of the United States Bureau of Prisons to be im prisoned for a rm of 24 m onths.

The court m akes the following recomm endations to the Bureau of Prisons: The Court recom m ends that the defendant be incarcerated in a California facility, but only insofar as this accords with security classification and space availability.

The defendant is rem anded to the custody of the United States Marshal.

The defendant shall surrender to the United States Marshal for this district. [ ] at on. [ ] as notified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: [ ] before on. [ ] as notified by the United States Marshal. [ ] as notified by the Probation or Pretrial Services Officer.

If no such institution has been designated, to the United States Marshal for this district.

RETURN

this judgment as follows:

Defendant delivered on to, 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 36 months.

report to the probation office in the district to which the defendant is released within 72 hours of release from the the Bureau of Prisons.

The defendant shall not commit another federal, state, or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of 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, not to exceed four (4) drug tests per month.

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.)

The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. (Check, if applicable.)

The defendant shall submit to the collection of DNA as directed by the probation officer. (Check, if applicable.)

The defendant shall register and comply with the requirements in the federal and state sex offender registration agency in the jurisdiction of conviction, Eastern District of California, and in the state and in any jurisdiction where the defendant resides, is employed, or is a student. (Check, if applicable.)

The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

judgment imposes a fine or a restitution obligation, it is a condition of supervised release that the defendant pay in accordance

Schedule of Payments sheet of this judgment.

comply with the standard conditions that have been adopted by this court as well as with any additional conditions page.

STANDARD CONDITIONS OF SUPERVISION

defendant shall not leave the judicial district without permission of the court or probation officer; defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days

month; defendant shall answer truthfully all inquiries by the probation officer and follow instructions of the probation officer; defendant shall support his or her dependants and meet other family responsibilities; defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons; defendant shall notify the probation officer ten days prior to any change in residence or employment; defendant shall refrain from excessive use of alcohol; defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted felony unless granted permission to do so by the probation officer; 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 by the probation officer; defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement

defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without permission of the court; 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 the defendant's compliance with such notification requirement.

SPECIAL CONDITIONS OF SUPERVISION

1. As directed by the probation officer, the defendant shall participate in a program of outpatient mental health treatment.

2. As directed by the probation officer, the defendant shall participate in a co-payment plan for treatment or testing and shall make payment directly to the vendor under contract with the United States Probation Office of up to $25 per month.

3. The defendant shall submit to the search of his person, property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices or media, and effects at any time, with or without a warrant, by any law enforcement or probation officer in the lawful discharge of the officer's supervision functions with reasonable suspicion concerning unlawful conduct or a violation of a condition of probation or supervised release. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other residents that the premises may be subject to searches pursuant to this condition.

4. The defendant shall not possess or use a computer or any device that has access to any "on-line computer service" unless approved by the probation officer. This includes any Internet service provider, bulletin board system, or any other public or private computer network.

5. The defendant shall have no contact with children under the age of 18 unless approved by the probation officer in advance. The defendant is not to loiter within 100 feet of school yards, parks, playgrounds, arcades, or any other places primarily used by children under the age of 18. This shall include that the defendant is not to engage in any occupation, either paid or volunteer, which exposes him directly or indirectly with children under the age of 18.

6. The defendant shall consent to the probation officer and/or probation service representative conducting periodic unannounced examinations of (a) any computer, or (b) computer-related device, or (c) equipment that has an internal or external modem which is in the possession or control of the defendant. The defendant consents to retrieval and copying of all data from any such computer, computer-related device, or equipment as well as any internal or external peripherals to ensure compliance with conditions. The defendant consents to removal of such computer, computer-related device, and equipment for purposes of conducting a more thorough inspection; and analysis.

The defendant consents to having installed on any computer, computer-related device, and equipment, at the defendant's expense, any hardware or software systems to monitor the use of such computer, computer-related device, and equipment at the direction of the probation officer, and agrees not to tamper with such hardware or software and not install or use any software programs designed to hide, alter, or delete his/her computer activities. The defendant consents to not installing new hardware without the prior approval of the probation officer.

7. The defendant shall not possess, own, use, view, read, or frequent places with material depicting and/or describing sexually explicit conduct, including computer images, pictures, photographs, books, writings, drawings, videos, or video games. "Sexually explicit conduct" as defined in 18 USC 2256(2) means actual or simulated (a) sexual intercourse, including genital-genital, oral-genital, or oral-anal, whether between the same or opposite sex; (b) bestiality; (c) masturbation;

(d) sadistic or masochistic abuse; or (e) lascivious exhibition of the genitals or pubic area of any person.

8. The defendant shall consent to third-party disclosure to any employer or potential employer, concerning any computer-related restrictions that are imposed upon him/her. This includes any activities in which you are acting as a technician, advisor, or consultant with or without any monetary gain or other compensation.

9. The defendant shall attend, cooperate with, and actively participate in a sex offender treatment and therapy program [which may include, but is not limited to, risk assessment, polygraph examination, computer voice stress analysis (CVSA), and/or ABEL assessment] as approved and directed by the probation officer and as recommended by the assigned treatment provider.

10. The defendant's residence shall be pre-approved by the probation officer. The defendant shall not reside in direct view of places such as school yards, parks, public swimming pools, or recreational centers, playgrounds, youth centers, video arcade facilities, or other places primarily used by children under the age of 18.

CRIMINAL MONETARY PENALTIES

defendant m ust pay the total crim inal m onetary penalties under the Schedule of Paym ents on Sheet 6.

Assessm ent Fine Restitution tals: $100.00 $$

e determination of restitution is deferred until. An Amended Judgment in a Criminal Case (AO 245C) will be entered r such determ ination.

e defendant m ust m ake restitution (including com m unity restitution) to the following payees in the amount listed below.

e defendant m akes a partial paym ent, each payee shall receive an approxim ately proportioned paym ent, unless ecified otherwise in the priority order or percentage paym ent colum n below. However, pursuant to 18 U.S.C. § 3664(i), nonfederal victim s must be paid before the United States is paid.

f Payee Total Loss* Restitution Ordered Priority or Percentage

TALS: $$

stitution am ount ordered pursuant to plea agreem ent $

e defendant must pay interest on restitution and a fine of m ore than $2,500, unless the restitution or fine is paid in full fore the fifteenth day after the date of the judgm ent, pursuant to 18 U.S.C. § 3612(f). All of the paym ent options on Sheet ay be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

The court determ ined that the defendant does not have the ability to pay interest and it is ordered that:

The interest requirem ent is waived for the [ ] fine [ ] restitution

The interest requirem ent for the [ ] fine [ ] restitution is m odified as follows:

carcerated, payment of the fine is due during im prisonment at the rate of not less than $25 per quarter

d paym ent shall be through the Bureau of Prisons Inm ate Financial Responsibility Program.

carcerated, payment of restitution is due during im prisonm ent at the rate of not less than $25 per quarter

d paym ent shall be through the Bureau of Prisons Inm ate Financial Responsibility Program.

dings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses d on or after September 13, 1994, but before April 23, 1996.

SCHEDULE OF PAYMENTS

yment of the total fine and other criminal m onetary penalties shall be due as follows:

Lum p sum paym ent of $100.00 due im m ediately, balance due

[ ] not later than, or [ ] in accordance with [ ] C, [ ] D, [ ] E, or [ ] F below; or

Paym ent to begin im m ediately (m ay be com bined with [ ] C, [ ] D, or [ ] F below); or

Paym ent in equal (e.g., weekly, m onthly, quarterly) installm ents of $over a period of (e.g., m onths or years), to com mence (e.g., 30 or 60 days) after the date of this judgment; or

Paym ent in equal (e.g., weekly, m onthly, quarterly) installm ents of $over a period of (e.g., m onths or years), to com mence (e.g., 30 or 60 days) after release from im prisonm ent to a term of supervision; or

Paym ent during the term of supervised release will com m ence within (e.g., 30 or 60 days) after release from im prisonm ent. The court will set the paym ent plan based on an assessm ent of the defendant's ability to pay at that time; or

Special instructions regarding the paym ent of crim inal m onetary penalties:

the court has expressly ordered otherwise, if this judgm ent im poses im prisonm ent, paym ent of crim inal m onetary is due during imprisonm ent. All crim inal m onetary penalties, except those paym ents m ade through the Federal Bureau

ns' Inm ate Financial Responsibility Program, are m ade to the clerk of the court.

fendant shall receive credit for all paym ents previously m ade toward any crim inal m onetary penalties im posed.

int and Several

ant and Co-Defendant Nam es and Case Num bers (including defendant num ber), Total Am ount, Joint and Several and corresponding payee, if appropriate:

e defendant shall pay the cost of prosecution.

e defendant shall pay the following court cost(s):

e defendant shall forfeit the defendant's interest in the following property to the United States:

e Prelim inary Order of Forfeiture filed Novem ber 18, 2009, is hereby m ade final as to the defendant and shall be

orporated into the Judgm ent.

20100111

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