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United States of America v. Michael Kenneth Serra

December 7, 2012

UNITED STATES OF AMERICA
v.
MICHAEL KENNETH SERRA



The opinion of the court was delivered by: John A. Kronstadt, U. S. District Judge

JS-3

Social Security No. 4 5 3 6

(Last 4 digits)

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this 12 06 2012

X 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:

Attempted Receipt of Child Pornography pursuant to 18 U.S.C. Section 2252A(a)(2)(A), (b)(1) as charged in Count 1 and Possession of Child Pornography pursuant to 18 U.S.C. Section 2252A(a)(5)(B), (b)(2) as charged in Count 2.

The Court and counsel confer. Counsel present argument. Defendant addresses the Court. The Court places findings on the record and proceeds with sentencing. 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, Michael Kenneth Serra, is hereby committed on Counts One and Two of the Indictment to the custody of the Bureau of Prisons for a term of SEVENTY-

. This term consists of 78 months on Count 1, and 78 months on Count Two of the Indictment, to be served

Upon release from imprisonment, the Defendant shall be placed on supervised release for life on each of Counts 1 and 2 of the Indictment, such terms to run concurrently under the 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 cooperate in the collection of a DNA sample from the Defendant;

Cyber Conditions

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;

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;

The Defendant 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 per month per device connected to the

Sex Offender Conditions

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 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;

As directed by the Probation Officer, the Defendant shall pay all or part of the costs of treating the Defendant's mental health treatment 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 not possess any materials, including pictures, photographs, books, writings, drawings, videos, or video games, depicting and/or describing "sexually explicit conduct," as defined at 18 U.S.C. § 2256(2);

The Defendant shall not view or 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 he 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, with the exception of Defendant's parents' home subject to the same conditions previously imposed with respect to his living or ...


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