Judgment

My lawyer sent me a copy of the Judgment today. The seven-page document is a summary of my sentence and includes the length of my imprisonment, conditions of supervised release, and any imposed monetary fines.

I was sentenced to a total of 144 months of imprisonment (12 years) on one count of Receipt of Child Pornography. I must self-surrender at my designated institution before 2:00 p.m. on April 27.

As was expected, I will undergo sex offender treatment both in prison and during supervised release.

USSG § 5D1.1 provides that the court shall order a term of supervised release to follow imprisonment when a sentence of imprisonment of more than 1 year is imposed, or when required by statute. The length of the term of supervised release shall not be less than the statutory minimum term of years specified and may be up to Life. Therefore, the term of supervised release is 5 years to Life.

I was sentenced to a lifetime of supervised release.

The conditions of supervised release are outlined in the Judgment.

  • The defendant shall not leave the judicial district without the permission of the court or probation officer.
  • 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.
  • 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.
  • The defendant shall cooperate in the collection of DNA as directed by the U.S. Probation Officer, as authorized by the Justice for All Act of 2004.
  • The defendant shall participate in sex offender treatment services as directed by the U.S. Probation Officer until successfully discharged. These services may include psycho-physiological testing (i.e. clinical polygraph, plethysmograph, and the ABEL screen) to monitor the defendant’s compliance, treatment progress, and risk to the community. The defendant shall contribute to the costs of services rendered (copayment) at a rate of at least $10.00 per month.
  • The defendant shall neither possess nor have under his control any sexually oriented, or sexually stimulating materials of adults or children. The defendant shall not patronize any place where such material or entertainment is available.
  • The defendant shall register with State and local law enforcement as directed by the U.S. Probation Officer in each jurisdiction where the defendant resides, is employed, or is a student.
  • The defendant shall not have any form of unsupervised contact with persons under the age of 18 at any location, including but not limited to, the defendant’s residence, place of employment, and public places where minors frequent or congregate, without prior permission of the U.S. Probation Officer.
  • The defendant shall not have access to a computer, cellular device or any electronic equipment that allows access to the Internet, without the express permission of the Court.
  • The defendant shall not have access to the Internet, without the express permission of the Court.
  • The defendant shall not use or possess any gaming consoles (including, but not limited to Xbox, PlayStation, Nintendo), or devices without the express permission of the Court.

My lawyer has assured me that the computer restriction can be challenged and overturned in court. It’s absurd to restrict me from computers after release when I’ve been allowed computer access prior to sentencing.

While the statutory maximum fine for my offense is $250,000, this fine is based on a defendant’s ability to pay. My judge did not impose a fine in my case.

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