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United States v. Keener

February 23, 2010

UNITED STATES OF AMERICA
v.
JOSEPH KEENER S.S.#-------1382 RESIDENCE: N/A MAILING: SAME DEFENDANT



The opinion of the court was delivered by: Manuel L. Real District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

In the presence of the attorney for the government, the defendant appeared in person, on:

FEBRUARY 22, 2010

Month / Day / Year

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: Possession of Child Pornography in violation of Title 18 USC 2252A(a)(5)(B) as charged in the single-count information.

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 judgement of the court that:

The defendant is placed on PROBATION for a term of five (5) years under the following terms and conditions: the defendant 1) shall, in the custody of the Bureau of Prisons, be placed in a jail-type facility for a term of sixty (60) days, to be served on consecutive weekends, beginning on March 26, 2010 at 9:00 a.m. until March 28, 2010 at 6:00 p.m., and continuing every weekend thereafter, until the 60 days of weekend incarceration in a jail-type facility has been served; 2) shall perform three thousand (3000) hours of community service, as directed by the Probation Officer; 3) shall report in person before the Court every 120 days, as directed by the Probation Officer; 4) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 5) shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; 6) shall participate in an outpatient alcohol abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer; 7) shall, as directed by the Probation Officer, pay all or part of the costs of treating the defendant's alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672, and shall provide payment and proof of payment as directed by the Probation Officer; 8) shall cooperate in the collection of a DNA sample from the defendant; 9) 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; 10) 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; 11) 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; 12) 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; 13) 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; 14) shall not own, use or have access to the services of any commercial mail-receiving agency, nor shall he open or maintain a post office box, without the prior approval of the Probation Officer.

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 the bond of the defendant shall be exonerated upon his completion of 60 days of incarceration in a jail-type facility on consecutive weekends.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of this judgment be imposed. the Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, ...


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