USA v. Malone

OCR transcription for search; preserved printed pages are authoritative

@A025SB REABHOH hreehie RA Onde. Document 20 Filed 04/02/13 Page 1 of 6 PagelD #:
Sheet 1 <pagelD>

5 OSTRICT CO
WESTERN uy
UNITED STATES DISTRICT COURT S/HGT AilANgag
WESTERN District of AARA BS 9519

UNITED STATES OF AMERICA JUDGMENT IN AyCRIMPMAT U8 Bex
v. a
CODY JAMES MALONE Case Number: 5:12CR50050-001
USM Number: 1171-010
Jack Schisler

Defendant’s Attorney

THE DEFENDANT:
X pleaded guilty to count(s) _One (1) of the Indictment on October 26, 2012

(J pleaded nolo contendere to count(s)
which was accepted by the court.

C1 was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count
18 U.S.C. §§ 2251(a) and Used, Persuaded, Induced, Enticed, and Coerced a Minor to 08/23/2012 1
-(e) Engage in Sexually Explicit Conduct for the Purpose of

Producing a Visual Depiction

The defendant is sentenced as provided in pages 2 through 6 of this judgment, with the court considering the
guidelines as non-binding and advisory only.

CO The defendant has been found not guilty on count(s)

X Count Two (2) __ is dismissed on the motion of the government.

__ Itis 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.

March 29, 2013

Date of Imposition of Judgment

/S/ Jimm L Hendren

Signature of Judge

Honorable Jimm Larry Hendren, United States District Judge
Name and Title of Judge

April 1, 2013
Date

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

AO 245B

(Re ARG Rafer CHRPELLB Document 20 Filed 04/02/13. Page 2 of 6 PagelD #:
Sheet 2 — Imprisonment <pagelD>

Judgment — Page 2 of

DEFENDANT: CODY JAMES MALONE
CASE NUMBER: 5:12CR50050-001

IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of: three hundred sixty (360) months
(= ‘ The court makes the following recommendations to the Bureau of Prisons:

O

O

The defendant is remanded to the custody of the United States Marshal.

The defendant shall surrender to the United States Marshal for this district:
Ol at Oam. © pm. on
O sas notified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
0 _sbefore 2 p.m. on
C) as notified by the United States Marshal.

(] as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:

Defendant delivered on to

, with a certified copy of this judgment.

UNITED STATES MARSHAL

By

DEPUTY UNITED STATES MARSHAL

AO 245B (ReCQHHS) Hdsiencin HOOHELFB Document 20 ~ Filed 04/02/13 Page 3 of 6 PagelD #:

Sheet 3 — Supervised Release <n IDs
nage Judgment—Page 3 of 6
DEFENDANT: CODY JAMES MALONE
CASE NUMBER: 5:12CR50050-001
SUPERVISED RELEASE

Defendant is placed on supervised release for a term of: fifteen (15) years which term shall commence immediately
upon his release from imprisonment, and which shall be served under the tollowing conditions:
1. Within 72 hours of release from custody of the Bureau of Prisons, the defendant shall report in person to the probation office in the

district to which the defendant is released.

2. The defendant shall not commit another federal, state or local crime; the defendant shall be prohibited from possessing a firearm or other
dangerous device; and the defendant shall not use, possess, or have anything at all to do with any controlled substance.

3. The defendant shall comply with the mandatory drug testing provisions of 18 U.S.C. § 3583(d).

uN

. The defendant shall comply with the DNA collection provisions of 18 U.S.C. § 3583(d).

5. The defendant shall comply with the mandatory sex offender registration requirements by state and federal law as they apply to him.

On

. 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 shall comply with the Standard Conditions of Supervised Release as recommended by the United States Sentencing
Commission and as set out below on this page of the judgment, as well as 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 in a manner and frequency directed by the court or probation officer.

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) the defendant shall — as directed by the probation officer — 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 ROARS hiament-iGOOHO“T TAB Document 20 Filed 04/02/13 Page 4 of 6 PagelD #:

Sheet 3C — Supervised Release <page IDs
: Judgment—Page 4 of 6

DEFENDANT: CODY JAMES MALONE
CASE NUMBER: 5:12CR50050-001

SPECIAL CONDITIONS OF SUPERVISION

1. If deemed necessary, the defendant shall submit to any means utilized by the U.S. Probation Officer to track his whereabouts or
location at any time.

2. The defendant shall have no unsupervised contact with minors. If there is a concern about the contact, then the defendant shall
obtain approval from the U.S. Probation Officer before any such contact.

3. The defendant shall submit to inpatient or outpatient mental health evaluation, counseling, testing and/or treatment, all with
emphasis on sex offender treatment, as deemed necessary and directed by the U.S. Probation Officer.

4. Except for purposes of employment, the defendant shall not possess, use, or have access to a computer or any other electronic
device that has internet or photographic capabilities, without prior written approval of the U.S. Probation Officer.

5. The defendant shall submit his person, residence, place of employment, vehicle, papers, computer, other electronic
communication or data storage devices or media, and effects to a search conducted by the U.S. Probation Officer at a
reasonable time and in a reasonable manner based upon reasonable suspicion of evidence of a violation of any condition of
supervised release might be thereby disclosed.

A 5 Rew dt: i Ota | . ;
0 245B Or cea no re 2-5 elbnclest Acti Document 20‘ Filed 04/02/13. Page 5 of 6 PagelD #:

Judgment — Page 5 of 6

DEFENDANT: CODY JAMES MALONE
CASE NUMBER: 5:12CR50050-001

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine Restitution
TOTALS $ 100.00 $ 25,000.00 $ -0-

(The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.

1 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'U.S.C. § 3664(4), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss* Restitution Ordered Priority or Percentage
TOTALS $ 0 $ 0

1 Restitution amount ordered pursuant to plea agreement $

(1 _ 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 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

X The court determined that the defendant does not have the ability to pay interest and it is ordered that:
X_ the interest requirement is waived forthe X fine [1 restitution.

(1 the interest requirement forthe [1] fine 1 restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or
after September 13, 1994, but before April 23, 1996.

AO 245B RoE HOS) Heep NS OOSS FEB Document 20 ‘Filed 04/02/13. + Page 6 of 6 PagelD #:

Sheet 6 — S ayments

ID
eee

Judgment — Page 6 of 6

DEFENDANT: CODY JAMES MALONE
CASE NUMBER: 5:12CR50050-001

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:

A X_ Lumpsum payment of $ _ 25,100.00 due immediately, balance due

[J] not later than , or
X in accordance oc, OF D OO E,o X Fbelow;or

B ( Payment to begin immediately (may be combined with []C, OD,or (JF below); or

C (J 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 (J 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:

If not paid immediately, any unpaid financial penalty imposed shall be paid during the period of imprisonment at a rate of not less
than $25.00 quarterly, or 10% of the defendant’s quarter. earnings, whichever is greater. After imprisonment, any unpaid financial
penalty shall become a special condition of supervised release ani may be paid in monthly installments of $300.00 or 10% of the
defendant’s net monthly household income, whichever is greater, with the entire balance to be paid in full one month prior to the
end of the period of supervised release.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, ayment of criminal monetary penalties is due durin
imprisonment. All crimina monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Financia
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.

0 = 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.

(1 = The defendant shall pay the cost of prosecution.
{1 The defendant shall pay the following court cost(s):

{J 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.