UNITED STATES DISTRICT COURT SOUTHERN District of NEW YORK
December 21, 2006
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Honorable Robert P. Patterson, Jr.
USM Number: 58538-054
JUDGMENT IN A CRIMINAL CASE
X pleaded guilty to count(s) 1 & 2
__ pleaded nolo contendere to count(s) _________ which was accepted by the court.
__ was found guilty on count(s) after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
Title & SectionNature of OffenseOffense EndedCount
18 USC 2252A(a)(5)(B) and (b)(2)POSSESSION OF CHILD PORNOGRAPHY TRANSPORTED in INTERSTATE or FOREIGN COMMERCE.11-14-20051
18 USC 2422(b)COERCION and ENTICEMENT of MINOR to ENGAGE IN SEXUAL ACTIVITY.12-14-20052
The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
__ The defendant has been found not guilty on count(s) ____________________
__Count(s) ____________ __ is __ are dismissed on the motion of the United States.
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances.
Date of Imposition of Judgment 12-19-2006
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: SIXTY (60) MONTHS ON EACH COUNT(terms to run concurrently).
x The court makes the following recommendations to the Bureau of Prisons:
That the BOP designate the defendant to the Federal Medical Center(FMC) in Devens, Massachusetts, so that he may participate in that institution's Sex Offender Management Program.
__ The defendant is remanded to the custody of the United States Marshal.
X The defendant shall surrender to the United States Marshal for this district:
X at 12:00 __ a.m. x p.m. on 01-03-2007 as notified by the United States Marshal.
__ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
__ before 2 p.m. on
__as notified by the United States Marshal.
__ as notified by the Probation or Pretrial Services Office.
I have executed this judgment as follows:
Defendant delivered on _________ to _______ a ________ , with a certified copy of this judgment.
Upon release from imprisonment, the defendant shall be on supervised release for a term of: THREE(3) YEARS on COUNT 1 and FIVE(5) YEARS on COUNT 2 (Terms must run concurrently).
The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.
The defendant shall not commit another federal, state or local crime.
The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
X The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.)
X The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
X The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)
X The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.)
__The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
1) the defendant shall not leave the judicial district without the permission of the court or probation officer;
2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month;
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
4) the defendant shall support his or her dependents and meet other family responsibilities;
5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;
6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;
8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer;
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer;
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and
13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant s compliance with such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
1- The defendant shall undergo a sex-offense-specific evaluation and participate in a sex offender treatment and/or mental health treatment program approved by the probation officer. The defendant shall abide by all rules, requirements, and conditions of the sex offender treatment program(s), including submission to polygraph testing. The defendant shall waive his right of confidentiality in any records for mental health assessment and treatment imposed as a consequence of this judgment to allow the probation officer to review the defendant's course of treatment and progress with the treatment provider. The defendant will be required to contribute to the costs of services rendered in an amount approved by the probation officer, based on an ability to pay or availability of third-party payment.
2- The defendant shall not have deliberate contact with any child under 17 years of age, unless approved by the probation officer. The defendant shall not loiter within 100 feet of schoolyards, playgrounds, arcades, or other places primarily used by children under the age of 17.
3- The defendant shall submit his person, residence, place of business, vehicle, or any other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of the defendant's release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to a search pursuant to this condition.
4- The defendant is not to use a computer, internet-capable device, or similar electronic device to access child pornography or to communicate with any individual or group for the purpose of promoting sexual relations with children. The defendant shall consent to the use and/or installation of a computer program which shall monitor suspect computer use on any computer owned or controlled by the defendant. The program(s) used will be designed to identify, for the probation office, only the viewing, downloading, uploading, transmitting, or otherwise using any images or content of a sexual nature, defined as Suspect Computer Use. Suspect Computer Use shall be identified by the installed program(s) and/or the probation officer through the screening of the defendant's computer usage for certain key words, phrases, and images.
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
__ The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be after such determination.
__ The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 § 3664(i), all nonfederal victims must be paid before the United States is paid.
Name of PayeeTotal Loss*Restitution OrderedPriority or Percentage
__ Restitution amount ordered pursuant to plea agreement $
__ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to I8 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to I8 U.S.C. § 3612(g).
__ The court determined that the defendant does not have the ability to pay interest and it is ordered that:
__ the interest requirement is waived for the __ fine __ restitution.
__ the interest requirement for the __fine __ restitution is modified as follows:
* Findings for the total amount of losses are required under Chapters 109A, 110, I10A, and 113A of Title 18 for offenses committed on or after September 13, I994, but before April 23, I996.
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:
A X Lump sum payment of $200.00 due immediately, balance due
__ not later than _________ , or
__ in accordance __ C, __ D, __ E, or __ F below; or__
B __ Payment to begin immediately (may be combined with __ C, __ D, or __ F below); or
C __ Payment in equal ______ (e.g., weekly, monthly, quarterly) installments of $_____ over a period of___________ (e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or__
D __ Payment in equal (e.g., weekly, monthly, quarterly) installments of $______ over a period of __________ (e.g., months or years), to commence ___________ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or
E __ Payment during the term of supervised release will commence within __________ (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or
F X Special instructions regarding the payment of criminal monetary penalties:
The fine in the amount of $I7,500.00 shall be paid in full within three(3) years of the defendant's release from custody.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
__ Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.
__ The defendant shall pay the cost of prosecution.
__ The defendant shall pay the following court cost(s):
__ The defendant shall forfeit the defendant's interest in the following property to the United States:
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.
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