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United States of America v. Kevin Brian Ledgard

December 14, 2012

UNITED STATES OF AMERICA
v.
KEVIN BRIAN LEDGARD



Social Security No. 7 5 4 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 Dec. 10 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:

Counts 1, 2, and 3: Unauthorized Access to the Computer of a Financial Institution to Obtain Information (18 U.S.C. §§ 1030(a)(2)(A), (c)(2)(B)(ii))

Counts 4 and 5: Unauthorized Access to a Protected Computer To Obtain Information (18 U.S.C. §§ 1030(a)(2)(C), (c)(2)(B)(ii))

Counts 9, 10, and 11: Aggravated Identify Theft (18 U.S.C. § 1028A(a)(1)) as charged in the Second Superseding Indictment.

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:

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Kevin Brian Ledgard, is hereby committed on Counts 1 to 5 of the Second Superseding Indictment to the custody of the Bureau of Prisons for a term of 25 months. This term consists of 1 month on each of Counts 1 through 5, to be served concurrently with each other, and 24 months on Counts 9 to 11 to be served concurrently with each other, but consecutive to the term of incarceration imposed in Counts 1 through 5.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1 to 5 and one year on each of Counts 9 to 11 of the Second Superseding Indictment, all 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 and fine in accordance with this judgment's orders pertaining to such payment;

The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance Corporation;

The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

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 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 internet;

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 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 any Probation Officer in the lawful discharge of the officer's supervision functions;

Defendant shall not contact, or attempt to contact, victim F.G. or her family, including but not limited to her parents, siblings, other relatives, any spouse or significant other with whom victim F.G. may share an intimate relationship (whether existing now or during the pendency of any term of supervised release), and any children of victim F.G. (whether existing now or during the pendency of any term of supervised release) (collectively, "victim's family"), directly or indirectly by any means, including but not limited to in person, by mail, telephone, email, text message, or otherwise via the internet or other electronic means, or through a third party;

Defendant shall not attempt to locate victim F.G. or victim's family or attempt to obtain information concerning the whereabouts, phone numbers, email addresses, or other personal identifiers of victim F.G. or victim's family;

Defendant shall remain at least 1 mile away from victim F.G. at all times;

Defendant shall not possess, or attempt to possess, any materials, whether in hard copy, digital, electronic, or any other form, that depict sexually explicit and/or nude images of victim F.G. and/or that contain personal identifying information, including any access devices and bank/credit card account numbers, of victim F.G.; and

When not employed or excused by the Probation Officer for work, schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a ...


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