Rowland v. United States Department of Justice, et al

Filing 23

AMENDED JUDGMENT. (Lundstrom, T)

AO 245C-CAED (Rev. 3/04) Sheet 1 - Am e n d e d Judgm e n t in a Crim in a l Case

( N O T E : Identify Changes with Asterisks*)

United States District Court
E a stern District of California
U N IT E D STATES OF AMERICA v. B R O O K E ROWLAND
D a te of Original Judgment:
(Or Date of Last Am e n d e d Judgm e n t )

AMENDED JUDGMENT IN A CRIMINAL CASE
(F o r Offenses Committed On or After November 1, 1987) C a s e Number:

1:02CR005301-003

5/16/2006

K A T H E R IN E LOUISE HART
D e fe n d a n t's Attorney

R e a s o n for Amendment:
[] [] [] [U ]
Correction of Sentence on Remand (Fed R. Crim. P. 35(a)) Reduction of Sentence for Changed Circumstances (Fed R. Crim. P. 35(b)) Correction of Sentence by Sentencing Court (Fed. R. Crim P. 35(c)) Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36)

[] [] [] []

Modification of Supervision Conditions (18 U.S.C. §3563(c) or 3583(e)) Modification of Imposed Term of Imprisonment for Extraordinary and Compelling Reasons (18 U.S.C.§3582(c)(1)) Modification of Imposed Term of Imprisonment for Retroactive Amendment(s) to the Sentencing Guidelines (18 U.S.C.§3582(c)(2)) Direct Motion to District Court Pursuant to

[ ] 18 U.S.C. §3559(c)(7),

[ ] 28 U.S.C. §2255 [ ] Modification of Restitution Order

T H E DEFENDANT:
[U ] [] [] p le a d e d guilty to count(s): One of the Indictment . p le a d e d nolo contendere to counts(s) which was accepted by the court. w a s found guilty on count(s) after a plea of not guilty.

A C C O R D I N G L Y , the court has adjudicated that the defendant is guilty of the following offense(s): D a te Offense T itle & Section N a tu r e of Offense C o n c lu d e d 1 8 USC 2251(a) and (d)(2) C o n s p ira c y to Sexually Exploit Minors by P r o d u c tio n of Sexuality Explicit Material (C la s s C Felony) 1 2 / 1 2 / 1 9 9 9 to 1 /2 6 /2 0 0 2

Count N u m b e r(s ) One

T h e defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. [] [] [] [] T h e defendant has been found not guilty on counts(s) C o u n t (s ) and is discharged as to such count(s).

(is)(are) dismissed on the motion of the United States.

In d ic tm e n t is to be dismissed by District Court on motion of the United States. A p p e a l rights given. [U ] A p p e a l rights waived.

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 days o f any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by th is judgment are fully paid. If ordered to pay restitution, the defendant m u s t notify the court and United States attorney of m a te r ia l changes in econom ic circum s ta n c e s . 5 /8 /2 0 0 6 D a t e of Imposition of Judgment

/s / OLIVER W . W A N G E R S ig n a tu re of Judicial Officer

O L IV E R W. WANGER, United States District Judge N a m e & Title of Judicial Officer 4 /2 /2 0 0 9 D a te

AO 245B-CAED (Rev. 3/04) Sheet 2 - Imprisonment

CASE NUMBER: DEFENDANT:

1 :0 2 C R 0 0 5 3 0 1 - 0 0 3 B R O O K E ROW L A N D

Judgment - Page 2 of 7

IMPRISONMENT
T h e defendant is hereby com m itte d to the custody of the United States Bureau of Prisons to be im p r is o n e d for a to ta l term of 240 m o n th s . S a id term to run concurrently with his California state court term of 15 years to life in San Diego Case CD 165314.

[U ]

T h e court m a k e s the following recom m e n d a tio n s to the Bureau of Prisons: T h e Court recom m e n d s that the defendant be incarcerated in a Pennsylvania facility or BUTNER FCI in North C a r o lin a , but only insofar as this accords with security classification and space availability. The Court also recom m e n d s the defendant shall serve his federal sentence first in a federal facility. T h e defendant is rem a n d e d to the custody of the United States Marshal.

[U ]

[]

T h e defendant shall surrender to the United States Marshal for this district. [ ] at on . [ ] as notified by the United States Marshal.

[]

T h e defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: [ ] before on . [ ] as notified by the United States Marshal. [ ] as notified by the Probation or Pretrial Services Officer. I f no such institution has been designated, to the United States Marshal for this district.

RETURN
I have executed this judgment as follows:

Defendant delivered on at

to , with a certified copy of this judgment.

UNITED STATES MARSHAL

By Deputy U.S. Marshal

AO 245B-CAED (Rev. 3/04) Sheet 3 - Supervised Release

C A S E NUMBER: DEFENDANT:

1 :0 2 C R 0 0 5 3 0 1 - 0 0 3 B R O O K E ROW L A N D

Judgment - Page 3 of 7

SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of 36 months . 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 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, not to exceed four (4) drug tests per month. [] [U] [U ] [] 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.) The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. (Check, if applicable.) The defendant shall submit to the collection of DNA as directed by the probation officer. (Check, if applicable.) The defendant shall register and comply with the requirements in the federal and state sex offender registration agency in the jurisdiction of conviction, Eastern District of California, and in the state and in any jurisdiction where the defendant resides, is employed, or is a student. (Check, if applicable.) The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

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If this judgment imposes a fine or a restitution obligation, 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) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) the defendant shall not leave the judicial district without permission of the court or probation officer; 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; the defendant shall answer truthfully all inquiries by the probation officer and follow instructions of the probation officer; the defendant shall support his or her dependants and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons; the defendant shall notify the probation officer ten days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 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; 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 by the probation officer; the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 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; 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.

AO 245B-CAED (Rev. 3/04) Sheet 3 - Supervised Release

C A S E NUMBER: DEFENDANT:

1 :0 2 C R 0 0 5 3 0 1 - 0 0 3 B R O O K E ROW L A N D

Judgment - Page 4 of 7

SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall submit to the search of his person, property, home, and vehicle by a United States probation officer, or any other authorized person under the immediate and personal supervision of the probation officer, based upon reasonable suspicion, without a search warrant. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other residents that the premises may be subject to searches pursuant to this condition. As directed by the probation officer, the defendant shall participate in a program of mental health treatment, (inpatient or outpatient). As directed by the probation officer, the defendant shall participate in a co-payment plan for treatment or testing and shall make payment directly to the vendor under contract with the United States Probation Office of up to $25 per month. The defendant shall not possess or use a computer or any device that has access to any "on-line computer service." This includes any Internet service provider, bulletin board system, or any other public or private computer network. The defendant shall have no contact with children under the age of 18 unless approved by the probation officer in advance. The defendant is not to loiter within 100 feet of school yards, parks, playgrounds, arcades, or other places primarily used by children under the age of 18. This shall include that the defendant is not to engage in any occupation, either paid or volunteer, which exposes him directly or indirectly with children under the age of 18. The defendant shall (I) consent to the probation officer and/or probation service representative conducting periodic unannounced examinations of any computer equipment or device that has an internal or external modem which may include retrieval and copying of all data from the computer or device and any internal or external peripherals to ensure compliance with conditions and/or removal of such equipment for purposes of conducting a more thorough inspection; and (ii) consent at the direction of the probation officer to having installed on the computer or device, at defendant's expense, any hardware or software systems to monitor the computer or device's use. The defendant shall not possess, own, use, view, read, or frequent places with any sexually explicit material in any form that depicts children under the age of 18. Sexually explicit conduct is defined in 18 USC 2256(2) and means actual or simulated (a) sexual intercourse, including genital-genital, oral-genital, or oral-anal, whether between the same or opposite sex; (b) bestiality; (c) masturbation; (d) sadistic or masochistic abuse; or (e) lascivious exhibition of the genitals or pubic area of any person under the age of 18. The defendant shall provide all requested business/personal phone records to the probation officer. The defendant shall disclose to the probation officer any existing contracts with telephone line/cable service providers. The defendant shall provide the probation officer with written authorization to request a record of all outgoing or incoming phone calls from any service provider.

2.

3.

4.

5.

6.

7.

8.

AO 245B-CAED (Rev. 3/04) Sheet 3 - Supervised Release

C A S E NUMBER: DEFENDANT:

1 :0 2 C R 0 0 5 3 0 1 - 0 0 3 B R O O K E ROW L A N D

Judgment - Page 5 of 7

9.

The defendant shall consent to third-party disclosure to any employer or potential employer, concerning any computer-related restrictions that are imposed upon him/her. This includes any activities in which you are acting as a technician, advisor, or consultant with or without any monetary gain or other compensation.

10. The defendant shall attend, cooperate with, and actively participate in a sex offender treatment and therapy program [which may include, but is not limited to, risk assessment, polygraph examination, computer voice stress analysis (CVSA), penile plethysmograph and/or ABEL assessment] as approved and directed by the probation officer and as recommended by the assigned treatment provider. 11. The defendant shall register, as required in the jurisdiction in which he resides, as a sex offender.

AO 245B-CAED (Rev. 3/04) Sheet 5 - Criminal Monetary Penalties

C A S E NUMBER: DEFENDANT:

1 :0 2 C R 0 0 5 3 0 1 - 0 0 3 B R O O K E ROW L A N D

Judgment - Page 6 of 7

CRIMINAL MONETARY PENALTIES
The defendant m u s t pay the total crim in a l m o n e ta r y penalties under the Schedule of Paym e n ts on Sheet 6. Assessm ent $ 100.00 F in e $ W a iv e d R e s t it u t io n $

T o t a ls :

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T h e determ in a tio n of restitution is deferred until a f t e r such determ in a t io n .

. An Amended Judgment in a Criminal Case (AO 245C) will be entered

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T h e defendant m u s t m a k e restitution (including com m u n ity restitution) to the following payees in the am o u n t listed below. If the defendant m a k e s a partial paym e n t, each payee shall receive an approxim a te ly proportioned paym e n t, unless s p e c if ie d otherwise in the priority order or percentage paym e n t colum n below. However, pursuant to 18 U.S.C. § 3664(i), a ll nonfederal victim s m u s t be paid before the United States is paid.

N a m e of Payee

T o t a l Loss*

R e s t it u t io n Ordered

P r io r it y or Percentage

T O T ALS:

$

$

[] []

R e s titu tio n am o u n t ordered pursuant to plea agreem e n t $ T h e defendant m u s t pay interest on restitution and a fine of m o r e than $2,500, unless the restitution or fine is paid in full b e f o r e the fifteenth day after the date of the judgm e n t, pursuant to 18 U.S.C. § 3612(f). All of the paym e n t options on Sheet 6 m a y be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). The court determ in e d that the defendant does not have the ability to pay interest and it is ordered that: [ ] The interest requirem e n t is waived for the [ ] The interest requirem e n t for the [ ] fine [ ] fine [ ] restitution

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[ ] restitution is m o d if i e d as follows:

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If incarcerated, paym e n t of the fine is due during im p r is o n m e n t at the rate of not less than $25 per quarter a n d paym e n t shall be through the Bureau of Prisons Inm a te Financial Responsibility Program . If incarcerated, paym e n t of restitution is due during im p r is o n m e n t at the rate of not less than $25 per quarter a n d paym e n t shall be through the Bureau of Prisons Inm a te Financial Responsibility Program .

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** Findings for the total am o u n t of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses c o m m itte d on or after Septem b e r 13, 1994, but before April 23, 1996.

AO 245B-CAED (Rev. 3/04) Sheet 6 - Schedule of Payments

C A S E NUMBER: DEFENDANT:

1 :0 2 C R 0 0 5 3 0 1 - 0 0 3 B R O O K E ROW L A N D

Judgment - Page 7 of 7

SCHEDULE OF PAYMENTS

Paym e n t of the total fine and other crim in a l m o n e ta r y penalties shall be due as follows: A [U ] [] [] B C L u m p sum paym e n t of $ n o t later than , or in accordance with 100.00 due im m e d ia te ly, balance due

[ ] C,

[ ] D,

[ ] E, or [ ] C,

[ ] F below; or [ ] D, or [ ] F below); or (e.g., m o n th s or years),

[ ] P a ym e n t to begin im m e d ia te ly (m a y be com b in e d with

[ ] P a y m e n t in equal (e.g., weekly, m o n th ly, quarterly) installm e n ts of $ over a period of to com m e n c e (e.g., 30 or 60 days) after the date of this judgm e n t; or

D

[ ] P a y m e n t in equal (e.g., weekly, m o n th ly, quarterly) installm e n ts of $ over a period of (e.g., m o n th s or years), to com m e n c e (e.g., 30 or 60 days) after release from im p r is o n m e n t to a term of supervision; or [ ] P a ym e n t during the term of supervised release will com m e n c e within (e.g., 30 or 60 days) after release from im p r is o n m e n t. The court will set the paym e n t plan based on an assessm e n t of the defendant's ability to pay at that tim e ; or [ ] S p e c ia l instructions regarding the paym e n t of crim in a l m o n e t a r y penalties:

E

F

Unless the court has expressly ordered otherwise, if this judgm e n t im p o s e s im p r is o n m e n t, paym e n t of crim in a l m o n e t a r y p e n a ltie s is due during im p ris o n m e n t. All crim in a l m o n e t a r y penalties, except those paym e n ts m a d e through the Federal Bureau o f Prisons' Inm a t e Financial Responsibility Program , are m a d e to the clerk of the court. T h e defendant shall receive credit for all paym e n ts previously m a d e toward any crim in a l m o n e ta r y penalties im p o s e d . [] J o in t and Several

D e f e n d a n t and Co-Defendant Nam e s and Case Num b e r s (including defendant num b e r ) , Total Am o u n t, Joint and Several A m o u n t , and corresponding payee, if appropriate:

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T h e defendant shall pay the cost of prosecution. T h e defendant shall pay the following court cost(s): T h e defendant shall forfeit the defendant's interest in the following property to the United States:

P a ym e n ts shall be applied in the following order: (1) assessm e n t; (2) restitution principal; (3) restitution interest, (4) fine p r in c ip a l, (5) fine interest, (6) com m u n ity restitution, (7) penalties, and (8) costs, including costs of prosecution and court c o s ts .