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Tates of Am Erica v. Joshua Boras

United States District Court Central District of California


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 their peripheral equipment, that can access, or can be modified to access, the internet, electronic bulletin boards, and other computers;

The defendant shall be subject to the installation of monitoring software and hardware. The defendant shall pay the cost of the computer monitoring, in an amount not to exceed $30 per month per device connected to the internet;

The defendant shall register as a sex offender, and keep the registration current, in each jurisdiction where he resides, where he is an employee, and where he is a student, to the extent the registration procedures have been established in each jurisdiction. When registering for the first time, the defendant shall also register in the jurisdiction in which the conviction occurred if different from his jurisdiction of residence. The defendant shall provide proof of registration to the Probation Officer within three days of release from imprisonment;

The 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 the defendant from possessing materials solely because they are necessary to, and used for, a collateral attack, nor does it prohibit him from possessing materials prepared and used for the purposes of his court-mandated sex offender treatment, when the defendant's treatment provider for the probation officer has approved of his possession of the material in advance;

The defendant shall not own, use or have access to the services of any commercial mail-receiving agency, nor shall she open or maintain a post office box, without the prior approval of the Probation Officer;

The defendant 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;

The defendant shall not associate or have 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 and prior 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;

The defendant shall not affiliate with, own, control, volunteer 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;

The defendant's employment shall be approved by the Probation Officer, and any change in employment must 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; and

The defendant shall not reside within 2,000 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.

defendant's residence shall be approved by the Probation Officer, and any change in must be pre-approved by the Probation Officer. The defendant shall submit the address of the residence to the Probation Officer at least 10 days prior to any scheduled move.

defendant was informed of his right to file a written appeal within 14 days of entry of the order. The defendant may request an order that he be allowed to file his notice of appeal payment of fees.

overnment Counsel's oral motion for dismissal of count 2 of the Second Superseding and/or any remaining counts of the underlying Indictment is granted. All such remaining

dismissed in the interest of justice.

Court recommends to the Bureau of Prisons that the defendant, Joshua Boras, be to a penal institution, as close as possible to the state of Michigan, wherein the shall be evaluated and receive sex offender testing and treatment.

IS SO ORDERED.

to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation

Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend f supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue revoke supervision for a violation occurring during the supervision period.

that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified

Clerk, U.S. District Court

January 25, 2012 By

Jim Holmes /s/

iled Date Relief Courtroom Deputy Clerk

ant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:

defendant shall not commit another Federal, state or

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

defendant shall not leave the judicial district without the permission of the court or probation officer;

defendant shall report to the probation officer as by the court or probation officer and shall submit and complete written report within the first five

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

days of each month; defendant shall answer truthfully all inquiries by the officer and follow the instructions of the

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

probation officer; shall support his or her dependents and meet

13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

responsibilities; defendant shall work regularly at a lawful occupation excused by the probation officer for schooling, training, or other acceptable reasons; defendant shall notify the probation officer at least 10

14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement;

any change in residence or employment; defendant shall refrain from excessive use of alcohol shall not purchase, possess, use, distribute, or any narcotic or other controlled substance, or paraphernalia related to such substances, except as by a physician; defendant shall not frequent places where controlled are illegally sold, used, distributed or

15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;

16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.

The defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).

STATUTORY PROVISIONS PERTAINING TO PAYM ENT AND COLLECTION OF FINANCIAL NS

defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine n is paid in full before the fifteenth (15 ) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments

th

ject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, not applicable for offenses completed prior to April 24, 1996.

all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay as directed by the United States Attorney's Office. 18 U.S.C. §3613.

defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's mailing address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change ant's economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. he Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party , adjust the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) bation 18 U.S.C. §3563(a)(7).

ayments shall be applied in the following order:

1. Special assessments pursuant to 18 U.S.C. §3013;

2. Restitution, in this sequence:

Private victims (individual and corporate),

Providers of compensation to private victims, The United States as victim; 3. Fine; 4. Community restitution, pursuant to 18 U.S.C. §3663(c); and 5. Other penalties and costs.

SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE

directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit uiries; (2) federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate financial with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not loan or open any line of credit without prior approval of the Probation Officer.

defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank including any business accounts, shall be disclosed to the Probation Officer upon request.

defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 proval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

RETURN

the within Judgment and Commitment as follows:

elivered on to

noted on appeal on

released on

issued on

appeal on

elivered on to

institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal

By

ate Deputy Marshal

CERTIFICATE

and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, legal custody.

Clerk, U.S. District Court

By

iled Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

ing of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the ervision, and/or (3) modify the conditions of supervision.

conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

igned)

Defendant Date

U. S. Probation Officer/Designated Witness Date

20120125

© 1992-2012 VersusLaw Inc.



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