The opinion of the court was delivered by: R. Gary Klausner, U.S. District Judge
AMENDED JUDGMENT - RESENTENCING PURSUANT TO NINTH CIRCUIT MANDATE (ORIGINAL SENTENCE DATE DECEMBER 10, 2007)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. FEB 22 2010
X WITH COUNSEL Kim Savo, DFPD
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: Receipt of Child Pornography in violation of 18 USC 2252A(a)(2)(A),(b)(1) as charged in Count 4 of the Second Superseding Indictment 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:
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Michael John Stolte, is hereby committed on Count 4 of the Second Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of SEVENTY-TWO (72) months.
Upon release from imprisonment, the defendant shall be placed on supervised release for life under the following terms
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
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 state sex offender with the registration agency in any state where his residence is located as directed by the probation officer.
The defendant shall cooperate in the collection of a DNA sample from the defendant;
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 and the installation of search and/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 not access via computer any materials, including pictures, photographs, books, writings, drawings, videos, or video games, depicting and /or describing sexually explicit conduct, as defined at 18 USC 2256(2). The condition prohibiting defendant from accessing via computer any material describing sexually explicit conduct and/or describing child pornography does not apply to materials necessary to and used for legal proceedings in this matter or in another criminal prosecution against the defendant, including collateral attacks or appeals, or to materials prepared or used for the purposes of defendant's court-mandated sex offender treatment. The defendant shall also not have another individual access the internet on his behalf to obtain writings, drawings, videos, or video games, depicting and/or describing sexually explicit conduct as defined at 18 USC 2256(2), and/or child pornography, as defined in 18 USC 2256(8) or accept such material from another person, unless the material is necessary to and used for legal proceedings in this or another criminal prosecution against defendant, including a collateral attack or appeal, or to materials prepared or used for the purposes of defendant's court-mandated sex offender treatment.
The defendant shall participate in a psychological/psychiatric counseling and/or a sex offender treatment program, which may include inpatient treatment, as approved and directed by the Probation Officer. The defendant shall abide by all rules, requirements, and conditions, of such program, including submission to risk assessment evaluation(s), and physiological testing, such as polygraph testing, however, not including Abel testing. The Probation Officer shall disclose the presentence report and/or any previous 1mental health evaluations or reports to the treatment provider;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's psychological/psychiatric disorder(s) to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall ...