JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 01 25 2010
W WITH COUNSEL Brian A. Newman and Ryan T. Okabe, Retained
W 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 W GUILTY, defendant has been convicted as charged of the offense(s) of: Possession of
Child Pornography in Violation of 18 U.S.C. § 2252A(a)(5)(B) as charged in the Single Count Indictment.
The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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:
The defendant shall pay to the United States a special assessment of $100, which is due immediately.
It is ordered that the defendant shall pay to the United States a total fine of $15,000. The total fine shall bear interest as provided by law.
The fine shall be due during the period of imprisonment of not less than $25 per quarter pursuant to the Bureau of Prisons Inmate Financial Responsibility Program. If any amount of the fine remains unpaid after release from custody, monthly installments of at least $100 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.
Pursuant to 18 USC3663A, it is ordered that the defendant shall pay restitution in the total amount of $10,000. The amount of restitution ordered shall be paid as set forth in the Court's judgment and commitment order to the two victims identified therein. A partial payment of $500 shall be paid immediately and the balance shall be paid during the period of imprisonment, as directed by the Court or the United States Attorney's Office, and pursuant to the Bureau of Prisons Inmate Financial Responsibility Program. The amount of restitution shall be apportioned in the amount of $5,000 to each of the two victims, as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.
If the amount of the restitution remains unpaid after release from custody, then monthly payments of $100 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.
As to both, restitution and the fine, the defendant shall comply with General Order No. 01-05.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Douglas Hill, is hereby committed on the Single-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 72 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 10 years under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;
During the period of supervision the defendant shall pay the special assessment restitution and fine in accordance with this judgment's orders pertaining to such payment;
The defendant shall apply monies in excess of $500 received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; and
The defendant shall cooperate in the collection of a DNA sample from the defendant;
Computer Restrictions and Conditions
The defendant shall use only those computers and computer-related devices, screen user names, passwords, email accounts, as approved by the Probation Officer. Computers and computer-related devices include, but are not limited to, 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 and the installation of search or monitoring software and/or hardware, including unannounced seizure for the purpose of search. The defendant shall not add, remove, upgrade, update, reinstall, repair, or otherwise modify the hardware or software on the computers, computer-related devices, or their peripheral equipment, nor shall he hide or encrypt files or data without prior approval of the Probation Officer. Further, the defendant shall provide all billing records, including telephone, cable, internet, satellite and the like, as requested by the Probation Officer;
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;
Sex Offender Treatment and Conditions
The defendant shall register with the state sex offender registration agency in any state where the defendant resides, is employed, carries on a vocation, or is a student, as directed by the Probation Officer. The defendant shall provide proof of registration to ...