The opinion of the court was delivered by: District Judge Manuel L. Real
Residence: B.O.P. Mailing: SAME
JUDGMENT AND PROBATION/COMMITMENT ORDER (UPON RE-SENTENCING PURSUANT TO MANDATE U.S.C.A. 9TH CIRCUIT)
In the presence of the attorney for the government, the defendant appeared in person, on: OCTOBER 15, 2012
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 Nicolaie Cocis, retained PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a finding of X GUILTY, defendant has been convicted as charged of the offense(s) of: Receipt of Child Pornography in violation of Title 18 USC 2252A(a)(2)(A), (b)(1) as charged in counts 1 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:
Five (5) years. Defendant shall receive credit for all time served in custody prior to this re-sentencing on this conviction.
IT IS FURTHER ADJUDGED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of 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 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 not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name without the prior written approval of the Probation Officer; 4) shall cooperate in the collection of a DNA sample from the defendant; 5) 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 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; 6) 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 employment's site, which are maintained and monitored by the employer; 7) shall comply with the rules and regulations of the Computer Monitoring Program; the defendant shall pay the cost of the Computer Monitoring Program, in an amount not to exceed $32.00 per month per device connected to the internet; 8) shall participate in a psychological counseling or psychiatric treatment or 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 Probation Officer shall disclose the presentence report or any previous mental health evaluations or reports to the treatment provider; 9) 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; 10) 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); 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; 11) shall not own, use or have access to the services of any commercial mail-receiving agency, nor shall he open or maintain a post-office box, without the prior approval of the Probation Officer; 12) defendant's employment shall be approved by the Probation Officer, and any change in employment must be pre-approved by the Probation Officer, and defendant shall submit the name and address of the proposed employer to the Probation Officer at least 10 days prior to any scheduled change; 13) shall submit his person, and any property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices or media, and his effects to search at any time, with or without a warrant, by any law enforcement or Probation Officer with reasonable suspicion concerning a violation of a condition of supervised release or unlawful conduct by the defendant, and by the Probation Officer in the lawful discharge of the officer's supervision functions.
IT IS FURTHER ORDERED that defendant comply with General Order 01-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 all fines are waived, and no restitution is ordered (see separate Order Denying Restitution).
IT IS FURTHER ORDERED that all 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 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. ...