The opinion of the court was delivered by: Dolly M. Gee, United States District Judge
Social Security No. 4 6 7 0 (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. DEC 20 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: Possession of Child Pornography in violation of Title 18 U.S.C. § § 2252A(a)(5)(B) as charged in Count One (1) of the Single Count 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, STEVEN ALAN PACHECO,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 placed on PROBATION on Count One (1) of the Single-Count Indictment for a term of TEN (10) YEARS.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due
It is ordered that the defendant shall pay restitution in the total amount of $5,000 pursuant to the parties' plea agreement and 18 U.S.C. § 3663.
The amount of restitution ordered shall be paid to the victim as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to the victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victim.
The amount of restitution ordered shall be paid as follows:
Cusack, Gilfillan & O'Day, LLC
Restitution to the Cindy Series Victim shall be paid in full no later than 90 days after sentencing.
Pursuant to the factors set forth in 18 U.S.C. §3572(a), it is ordered that the defendant shall pay to the United States a total fine of $12,500. In accordance with the parties' agreement, however, the obligation to pay this fine shall be suspended for the explicit purpose and only to the limited extent of allowing the defendant to pay $12,500 to the National Center for Missing & Exploited Children as community service pursuant to 18 U.S.C. § 3553(a), as outlined herein. Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the fine is waived as it is found that the defendant does not have the ability to pay interest in addition to restitution and the fine. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g). If the fine cannot be paid in full immediately, the fine shall be paid in annual installments of $1,250 during the term of probation, beginning on December 1, 2013, and each December 1 thereafter during the term of probation, or in other increments as otherwise determined by the Probation Officer based upon the defendant's financial circumstances. For each comparable payment, in accordance with a payment schedule consistent with this Judgment, to the National Center for Missing & Exploited Children, the obligation to pay the fine to the United States is suspended. The payment(s) shall be delivered to the National Center for Missing & Exploited Children, ATTN: DEV, Charles B. Wang International Children's Building, 699 Prince Street, Alexandria, VA
The defendant shall comply with General Order No. 01-05.
The defendant shall be placed on PROBATION for a term of TEN (10) YEARS under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order
During the period of probation the defendant shall participate for a period of 12 months in a home detention program which may include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. The defendant shall be permitted to drive himself to and from his employment, provided that he submits his works schedule to his Probation Officer in advance of his work shifts, and to and from medical appointments or psychological counseling sessions;
The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12 for each day of participation. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
During the period of community supervision, the defendant shall pay the special assessment, restitution, and fine in accordance with this judgment's orders pertaining to such payment;
Following the completion of home detention, the defendant shall perform 200 hours of community service, as directed by the Probation Officer;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 60 days of entry of judgment and at least one drug test per year during the period of probation, as directed by the Probation Officer;
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;
Computer Restrictions and 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 probation. 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 site of employment, which are maintained and monitored by the employer. Further, defendant shall provide all billing records, including ...