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United States of America v. Cody andrew Kretsinger

April 24, 2013

UNITED STATES OF AMERICA
v.
CODY ANDREW KRETSINGER



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

Social Security No. 1 7 3 8 0 8 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 04 18 13

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:

Conspiracy pursuant to 18 U.S.C. § 371 as charged in Count 1 of the Indictment; and Unauthorized Impairment of a Protected Computer pursuant to 18 U.S.C. §§ 1030(a)(5)(A), (c)(4)(B)(I), (c)(4)(A)(i)(I) as charged in Count 2 of the Indictment.

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, Cody Andrew Kretsinger, be committed to the Bureau of Prisons for a term of TWELVE (12) MONTHS, on Counts 1 and 2 of the Indictment, to be served

Defendant shall, upon completion of imprisonment, complete home detention for a period of TWELVE (12) MONTHS, on counts 1 and 2 of the Indictment, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of THREE (3) YEARS under the following terms and conditions:

1. The defendant shall comply with the rules and regulations of the United States Probation Office and General Orders 318 and 05-02, including, but not limited to, the condition that the defendant shall not commit another federal, state or local crime;

2. The defendant shall participate for a period of TWELVE (12) MONTHS in a home detention program which includes electronic monitoring and shall observe all rules of such program, as directed by the Probation Officer;

3. The defendant shall pay the costs of electronic monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

4. Defendant shall pay restitution in the total amount of $605,663.67 to victims 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 each 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 victims.

5. Restitution shall be due during the period of imprisonment, at the rate of not less than $25.00 per quarter, and pursuant top the Bureau of Prisons' Inmate Financial Responsibility Program. The defendant shall make nominal monthly payments during the period of probation, which shall being 30 days after the commencement of supervision. Pursuant to 18 U.S.C. 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. The defendant shall be held jointly and severally liable with co-participants, for the total amount of restitution ordered in this judgment;

6. When not employed at least part-time and/or enrolled in an educational or vocational program, the defendant shall perform community service in order to complete 1000 hours of such, as directed by the Probation Officer;

7. The defendant shall cooperate in the collection of a DNA sample from the defendant.

8. As directed by the Probation Officer, the defendant shall apply monies received from income tax refunds, lottery winnings, inheritance, judgments, and any anticipated or unexpected financial gains to the outstanding court-ordered financial

9. The defendant shall use only those computers and computer-related devices, screen user names, passwords, email accounts, and internet service providers (ISPs), as approved by the Probation Officer. Computers and computer-related devices include but are not limited to, personal computers, personal data assistants (PDAx), internet appliances, electronic games, and cellular telephones, as well as their peripheral equipment, that can access, or can be modified to access, the internet, electronic bulletin boards, and other computers, or similar media; and

10. All computers, computer-related devices, and their peripheral equipment, used by the defendant, shall be subject to search and seizure and the installation of search and/or monitoring software and/or hardware, including unannounced seizure for the purpose of search. The defendant shall not add, remove, upgrade, update, reinstall, repair, or otherwise modify the hardware or software on the computers, computer-related devices, or their peripheral equipment, nor shall he hide or encrypt files or data without prior approval of the Probation Officer.

It is further ordered that the defendant surrender himself to the Bureau of Prisons located at the United States Courthouse, 201 South Vine Street, Urbana, Illinois 61822 on or before 12:00 p.m. on July 23, 2013. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located the State of Illinois. The bond will be exonerated upon self-surrender.

Defendant shall pay to the United States a special assessment of $200, which is due immediately. Any unpaid balance shall be due during the period of imprisonment at the rate of not less than $25 per quarter and pursuant to the Bureau of Prisons Inmate Financial Responsibility Program.

Pursuant to Section 5E1.2(e) of the Guidelines, all fines are waived, as it is found that the defendant ...


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