The opinion of the court was delivered by: John A. Kronstadt, U. S. District Judge
Social Security No. 4 4 0 0
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this 02 28 2013
Joseph Shemaria, Retained
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:
Receipt of Child Pornography pursuant to 18 U.S.C. Section 2252A(a)(2) as charged in Count 1.
The Court and counsel confer. Counsel present argument. Defendant does not address 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, Brandon Simpson, is hereby committed on count one of the four-count indictment to the custody of the Bureau of Prisons to be imprisoned for a term of SEVENTY-TWO (72) MONTHS.
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 shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;
The Defendant shall submit to one alcohol test within 15 days of release from imprisonment and at least two periodic alcohol tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
The Defendant shall participate in an outpatient alcohol 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 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 alcohol treatment program approved by the United States Probation Office for treatment of alcohol dependency, which may include counseling and testing, to determine if the Defendant has reverted to the use of alcohol, and the Defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;
As directed by the Probation Officer, the Defendant shall pay all or part of the costs of treating the Defendant's alcohol dependency 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;
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;
Computer Restriction 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 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 Defendant's 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 internet;
Mental Health Treatment Conditions
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 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 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 "sexually explicit ...