United States District Court, E.D. California
MORRISON C. ENGLAND JR., UNITED STATES DISTRICT JUDGE
Troy Cardoso (“Defendant”) pled guilty in 2011 to
Possession of One or More Matters Containing Depictions of
Minors Engaged in Sexually Explicit Conduct in violation of
18 U.S.C. § 2252(a)(4)(B). He was subsequently sentenced
to a term of 97 months imprisonment, and his 120-month term
of supervised release began on March 12, 2014. On December
23, 2014, this Court’s Probation Office
(“Probation”) filed a 12C Petition for Warrant or
Summons for Offender Under Supervision alleging the
unauthorized possession of pornography. Supervised release
was revoked, and on March 12, 2015, Defendant was sentenced
to 5 months BOP followed by a 108-month term of supervised
release. Supervision recommenced on August 26, 2015, and on
December 16, 2015, Probation filed a 12C Petition again
charging Defendant with the unauthorized possession of
pornography. On March 8, Probation filed a Superseding 12C
Petition adding multiple additional charges.
denied the charges and moved to dismiss Charges 1 and 2 and
to modify Special Condition Number 6. ECF Nos. 181, 184. He
also challenged Charges 4-7 on various grounds. ECF Nos. 184,
193. The Court held an evidentiary hearing on July 18, 2016,
and the Government put on evidence in support of the charges.
Upon consideration of the evidence before the Court and the
arguments of counsel, the Court SUSTAINS in part and
DISMISSES in part the charges in the Superseding Petition.
to the Petition, a third party submitted a tip to a Cyber
Tipline, which is reviewed by the National Center for Missing
and Exploited Children, advising that Defendant was seen
frequenting a residence owned by Defendant’s parents on
Curragh Downs Drive in Fair Oaks, California. The reporting
party’s friend had observed a Comcast Cable truck
parked in front of that residence, and the reporting party
knew Defendant had been convicted of possessing child
pornography, so he or she deduced that Defendant probably was
not permitted to have access to the internet.
Probation Officer questioned Defendant about the foregoing
and Defendant admitted that the residence belonged to his
parents and that both he and his parents still kept
belongings there even though his parents had since moved.
Defendant also admitted that he frequented the residence to
assist his father with projects, to relax and have lunch, and
to take naps or breaks during the workday. Defendant denied
having access to a computer or the internet.
search of the Curragh Downs property was conducted shortly
thereafter, but not before officers observed
Defendant’s mother, Mrs. Cardoso, carrying items from
the residence to her vehicle. She then left, but
Defendant’s father, Mr. Cardoso, gave permission for
officers to search the premises. Agents uncovered indicia
that Defendant had been in the home. They also found
pornography and electronics, but no computer.
Defendant’s residence was simultaneously searched, and
agents found a new Apple keyboard, but again no computer.
turned out that after Mrs. Cardoso left the Curragh Downs
residence, she drove to another one of Defendant’s
parents’ properties, a warehouse, where agents
eventually uncovered, among other things, 4 DVDs with the
offender’s name on them, a Netgear router, a Logitech
keyboard, Seagate external hard disk drive (4tb), Seagate
external hard disk drive (400gb), Apple Mac Mini computer,
Apple Macbook Pro laptop computer, Iomega external hard disk
drive, Logitech micro-USB receiver, and 60 CDs. Based on the
above-described circumstances and the items recovered, the
Petition sets forth seven charges:
Charge 1: Unauthorized Possession of Pornography On December
16, 2015, Defendant was found in possession of a West Coast
Sex Directory, 29 Playboy Playmate posters, 1 All American
Girl adult pornographic poster, 2 Hustler magazines, 2
Playboy magazines, and a Playboy calendar.
Charge 2: Unauthorized Possession of Pornography That same
day, Defendant also possessed: (1) a 4 terabyte external hard
drive with over 1 million images of partially or completely
nude adult females; (2) a 400 gig external hard drive with
over 200 similar pictures; (3) an iPad mini with 200 gig
capacity and in excess of 500 additional images; and (4) 10
CDs with additional images and videos.
Charge 3: Unauthorized Possession of a Computer Defendant
possessed the above mentioned iPad mini and also had a
Charge 4: Failure to Follow the Instructions of the Probation
Officer On October 30, 2015, the Probation Officer instructed
Defendant to be at his home the following afternoon for a
visit. He agreed to do so, but purposefully left to avoid the
Charge 5: Unauthorized Access of the Internet From August 26,
2015, through November 4, 2015, Defendant established a high
speed Comcast account at his residence.
Charge 6: Unauthorized Access of the Internet From December
5, 2015, through December 18, 2015, Defendant again
subscribed to high speed Comcast internet service, this time
at a residence apparently owned by his parents. Defendant