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United States of America v. Edward Dinovo

June 21, 2011

UNITED STATES OF AMERICA
v.
EDWARD DINOVO DEFENDANT



S.S.#0729

Residence: N/A

Mailing: SAME JUDGMENT AND PROBATION/COMMITMENT ORDER

In the presence of the attorney for the government, the defendant appeared in person, on: JUNE 20, 2011

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 Seymour Amster, retained 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: Receipt of child pornography in violation of Title 18 USC 2252(a)(2)(A),(b)(1) as charged in count one of the indictment.

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:

Sixty (60) months.

IT IS FURTHER ORDERED AND ADJUDGED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of fifteen (15) years, under the following terms and conditions: the defendant 1) shall comply with General Order 05-02; 2) during the period of community supervision, shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; 3) shall cooperate in the collection of a DNA sample from the defendant; 4) 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 the Probation Officer within seventy-two days of release from imprisonment; 5) participate in psychological counseling and/or sex offender treatment program, as approved and directed by the Probation Officer; the psychological counseling and/or psychiatric treatment and/or a sex offender treatment program may include inpatient treatment at the order of the Court; the defendant shall abide by all rules, requirements, and conditions of such program, including submission to risk assessment evaluations and physiological testing, such as polygraph and Abel testing; the Probation Officer shall disclose the presentence report or any previous mental health evaluations or reports to the treatment provider; 6) shall, as directed by the Probation Officer, 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 USC 3672, and the defendant shall provide payment and proof of payment as directed by the Probation Officer; 7) shall refrain from possessing any materials, including pictures, photographs, books, writings, drawings, videos, or video games, depicting and/or describing "sexually explicit conduct" as defined in 18 USC 2256(2); this condition does not apply to materials describing "sexually explicit conduct" 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 his court-mandated sex offender treatment; 8) shall refrain from possessing any materials, including pictures, photographs, books, writings, drawings, videos, or video games, depicting and/or describing child pornography, as defined in 18 USC 2256(8); this condition does not apply to materials describing child pornography 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 his court-mandated sex offender treatment; 9) shall refrain from frequenting, or loitering, 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; 10) shall refrain from associating or having verbal, written, telephonic, or electronic communication with any person under the age of 18, except: a) in the presence of the parent or legal guardian of said minor and b) on the condition that the defendant notify said parent or legal guardian of his conviction in the instant offense; this provision does not encompass persons under the age of 18, such as waiters, cashiers, ticket vendors, etc., with whom the defendant must deal with in order to obtain ordinary and usual commercial services; 11) shall refrain from affiliating with, owning, controlling, volunteering and/or be employed in any capacity by a business and/or organization that causes him to regularly contact persons under the age of 18; 12) shall refrain from residing 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; the defendant's residence shall be approved by the Probation Officer, and any change in residence must be pre-approved by the Probation Officer; the defendant shall submit the address of the proposed residence to the Probation Officer at least 10 days prior to any scheduled move; 13) shall possess and 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; 14) all computers, computer-related devices and their peripheral equipment used by the defendant shall be subject to search and seizure and subject to 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; 15) shall refrain from owning, using or having access to the services of any commercial mail-receiving agency, nor shall he open of maintain a post office box, without the prior approval of the Probation Officer; 16) shall refrain from affiliating with, owning, controlling, 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 by Title 18 USC 2256(2); 17) shall have defendant's employment approved by the Probation Officer, and any change in employment shall be pre-approved by the Probation Officer; 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.

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 execution of sentence is stayed until August 22, 2011 at 12 noon, by which date and time the defendant shall self-surrender to the designated facility for his imprisonment or to the U.S. Marshal located at the Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012.

IT IS FURTHER ORDERED that the bond of the defendant shall be exonerated upon his self-surrender.

IT IS FURTHER ORDERED that any remaining counts are 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 ...


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