RE-SENTENCING PURSUANT TO 9TH CCA MANDATE
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 09 13 2010 / WITH COUNSEL Christopher Dybwab, DFPD
/ 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 GUILTY, defendant has been convicted as charged of the offense(s) of:
18 USC § 2252(A)(a)(5)(B), Possession of Child Pornography: as charged in Count 1 of the Information.
The Court asked whether there was any reason 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 that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of 120 months, on Count one of the Information.
Upon the Release from imprisonment the defendant shall be placed on supervised release for a term of LIFE, on count one of the indictment, under the following terms and conditions.
1. Defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318.
2. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment.
3. Defendant shall cooperate in the collection of a DNA sample from the defendant.
4. Defendant shall refrain from any unlawful use of a controlled substance. 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 eight tests per month, as directed by the Probation Officer.
5. Defendant shall participate in outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as instructed by Probation Officer. Defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision.
6. During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Officer that includes urinalysis, saliva and/or sweat patch testing for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to 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.
7. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C.§ 3672. The defendant shall provide payment and proof of payment as directed by the probation
8. Defendant shall use only those computers and computer-related devices, screen user names, passwords emails 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, eletronic games, and cellular telephones, and digital storage media, well as their peripheral equipment, that can access, or can be modified to access, the internet, electronic bulletin boards, and other computers.
9. 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 hardware, including unannounced seizure for the purpose of search. The defendant shall not add, remove, upgrade, update, reinstall, repair, or otherwise modify the hardware of 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.
10. The defendant shall not possess or use a computer with access to any online service at any location (including his place of employment), without the prior approval of Probation Officer. This includes access through any internet service provider, bulletin board system, or any public or private computer network system. Defendant shall not have another individual access the internet on his behalf to obtain files or information which he has been restricted from accessing himself, or accept restricted files or information from another person.
11. 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. Defendant shall provide proof of registration to the Probation Officer within five days of release from imprisonment /placement on probation.
12. Defendant shall not possess any materials, including pictures, photographs, books, writings, drawings, videos, or video games, depicting and/or describing child pornography, as defined in 18 § U.S.C. 2256(8).
This condition does not prohibit defendant from possessing materials that are necessary for a collateral attack on his conviction or sentence, nor does it prohibit him from possessing materials prepared for the purposes of any court-mandated sex offender treatment, when the defendant's treatment provider has approved his possession of the material in advance.
13. 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.
Defendant shall abide by all rules, requirements, and conditions of such program. Submission to polygraph testing, Abel testing, other physical testing, or inpatient treatment requires advance notice to defense counsel and prior court approval.
14. As directed by the Probation Officer, defendant shall pay all or part of the costs of treating the defendant's sex offender treatment to the aftercare contractor during the period of community supervision, pursuant to 18 § U.S.C. 3672. Defendant shall provide is proof of payment, as directed by the Probation Officer.
The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing Judge.
The Court recommends consistent with the space and security that the Bureau of Prisons place defendant in a facility within ...