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Tates of Am Erica v. Joshua Boras

January 25, 2012

TATES OF AM ERICA
v.
JOSHUA BORAS



The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge

Social Security No. 7 5 5 2 (Last 4 digits)

JUDGM ENT AND PROBATION/COM M ITM ENT ORDER

MONTH DAY YEAR

the presence of the attorney for the government, the defendant appeared in person on this date. 01 23 12

Curtis V. Leftwich, Appointed (CJA, Western Division Panel)

(Name of Counsel)

U GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO NOT GUILTY CONTENDERE

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

Child Exploitation Enterprise, in violation of Title 18, United States Code, Section 2252A(g), as charged in Count One of the Second Superseding Indictment (ECF 282), and Production of Child Pornography, in violation of Title 18, United States Code, Section 2251(a), as charged in the Single-Count Supplemental Information (ECF 377).

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:

ordered that the defendant shall pay to the United States a special assessment of $200, which is due

Court does not impose a fine as it is determined that the defendant does not have the ability to pay

Court finds that the issue of restitution shall be held in abeyance, the Government may file a or memorandum in support of the imposition of restitution on or before March 26, 2012, and Counsel shall have until April 9, 2012, to file any brief or memorandum in opposition to the

of restitution. The defendant, Joshua Boras, orally waives his right to be present for any future hearing. Accordingly, the Court will convene a post-judgment hearing on the issue of imposition of to permit Counsel to argue the matter before the Court.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Boras, is hereby committed on Count 1 of the Second Superseding Indictment and the Single-Count

Information to the custody of the Bureau of Prisons to be imprisoned for a term of 300 months.

term consists of 300 months on each of Count 1 of the Second Superseding Indictment, and the

Supplemental Information, to be served concurrently.

pon release from imprisonment, the defendant shall be placed on supervised release for a term of life following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;

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 apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

The defendant shall cooperate in the collection of a DNA sample from the defendant;

The defendant shall refrain from any unlawful use of a controlled substance. The 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;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

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 Office 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;

The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further disclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge;

The defendant shall participate in a psychological counseling or psychiatric treatment and a sex offender treatment program, as approved and directed by the Probation Officer. The defendant shall abide by all rules, requirements, and conditions of such program;

The Court authorizes the Probation Officer to disclose the Presentence Report, and/or any previous mental health evaluations or reports, to the treatment provider. The treatment provider may provide information (excluding the Presentence Report), to State or local social service agencies (such as the State of California, Department of Social Services), for the purpose of the client's rehabilitation;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's substance abuse and psychological/psychiatric disorder(s) 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 Officer;

The defendant 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;

All computers, computer-related devices, and their peripheral equipment, used by the defendant shall be subject to search and seizure. This shall not apply to items used at the defendant employment's site, which are maintained and monitored by the employer;

The defendant 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 ...


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