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United States v. Marcu

August 30, 2010

UNITED STATES OF AMERICA
v.
LEONARD MARCU S.S.#-------0271 DEFENDANT



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

Residence: Metropolitan Detention Center Mailing: SAME 535 Alameda Street Los Angeles, Ca 90012

JUDGMENT AND PROBATION/COMMITMENT ORDER AFTER REMAND U.S.C.A. 9TH CIRCUIT FOR RE-SENTENCING

In the presence of the attorney for the government, the defendant appeared in person, on: August 30, 2010

Month / Day / Year

COUNSEL:

WITHOUT COUNSEL

However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.

XX WITH COUNSEL Robison Harley, appointed PLEA:

XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.

FINDING:

There being a finding of XX 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 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 judgment of the court the defendant is hereby committed to the Bureau of Prisons to be imprisoned for a term of: Ninety-five (95) months.

IT IS FURTHER ADJUDGED that upon release from imprisonment defendant shall be placed on supervised release for ten (10) years, under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 2) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 3) shall participate in outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer, and shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision; 4) during the course of supervision, with the agreement of the defendant and defense counsel, the Probation Officer may place the defendant in a residential treatment program approved by the Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to After Remand U.S.C.A. 9th Circuit for Re-Sentencing determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer; 5) shall as directed by the Probation Officer pay all or part of the costs of treating the defendant's drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672, and the defendant shall provide payment and proof of payment as directed by the Probation Officer; 6) shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; 7) shall cooperate in the collection of a DNA sample from the defendant; 8) shall register with any local and/or state sex offender registration agency in any state where the defendant resides, is being supervised, is employed, carries on a vocation, or is a student, as directed by the Probation Officer; the defendant shall provide proof of registration to the Probation Officer within three days of release from imprisonment; 9) shall participate in a psychological/psychiatric counseling and/or a sex offender treatment program; the defendant shall abide by all rules, requirements, and conditions of such program, including submission to risk assessment evaluations and psychological testing, such as polygraph, plethysmograph, and Abel testing, and shall take all prescribed medication; 10) shall as directed pay all or part of the costs of the defendant's sex offender treatment or psychiatric disorder to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672; shall provide payment and proof of payment as directed by the Probation Officer; 11) shall not possess 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); 12) shall not possess any materials, including pictures, photographs, books, writings, drawings, videos, or video games, depicting and/or describing child pornography as defined at 18 USC 2256(8); 13) shall not frequent, or loiter, within 100 feet of school yards, parks, public swimming pools, playgrounds, youth centers, video arcade facilities, or other places primarily used by persons under the age of 18; 14) shall not, without prior approval of the Probation Officer, affiliate with, own, control, and/or be employed in any capacity by a business, organization, and/or volunteer activity that causes him to regularly contact persons under the age of 18; 15) shall not, without prior approval of the Probation Officer, affiliate with, own, control, and/or be employed in any capacity by a business whose principal product is the production and/or selling of materials depicting and/or describing 'sexually explicit conduct' as defined at 18 USC 2256(2); 16) the defendant's employment shall be approved by the Probation Officer, and any change in employment shall be pre-approved by the Probation Officer, and the defendant shall submit the name and address of the proposed employer to the Probation Officer at least 10 days prior to any scheduled change; 17) shall not reside within direct view of school yards, parks, public swimming pools, playgrounds, youth centers, video arcade facilities, or other places primarily used by persons under the age of 18, and the defendant's residence shall be approved by the Probation Officer, and any change in residence shall 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; 18) shall use only those computers and computer-related devices, screen-user names, passwords, e-mail 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, other computers, or similar media; 19) shall not access or possess any computer or computer-related devices in his home in any manner or for any purpose without approval of the Probation Officer; 20) shall not possess or use a computer with access to any on-line service at any location (including his place of employment) without the prior approval of the Probation Officer; this includes access through any internet service provider, bulletin board system, or any public or private computer network system; the defendant shall not have another individual access the internet on his behalf to obtain files or information which he is restricted from accessing himself, or accepting restricted files or information from another person.

IT IS FURTHER ORDERED that all fines and costs of imprisonment are waived.

IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.

IT IS FURTHER ORDERED that any underlying complaint is dismissed as to this defendant.

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. ...


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