USA v. Sarmiento

AO 245B (CASO Rev. 1/19) Judgment in a Criminal Case
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA
V.
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
DAVID SARMIENTO Case Number: 	25cr2737-H
Daniel Casillas
Registration Number: 42475-298 Defendant's Attorney
□ -
THE DEFENDANT:
IZI 	pleaded guilty to count(s) 	1 of the Information
-------------------------------
D 	was found guilty on count( s)
after a plea of not guilty.
Accordinglv. the defendant is adiudged guiltv of such count(s). which involve the following offense(s):
Title & Section
18 USC 2252 (a)(4)(B)
Nature of Offense
POSSESSION OF IMAGES OF MINORS ENGAGED IN
SEXUALLY EXPLICIT CONDUCT
The 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.
D 	The defendant has been found not guilty on count(s)
D 	Count(s) 	is dismissed on the motion of the United States.
IZI 	Assessment: $100. 00.
Count
Number(s)
1
IZI 	Fine waived 	IZI Forfeiture pursuant to order filed 	2/9/2026 	, included herein.
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
any material change in the defendant's economic circumstances.
February 9, 2026
HOi-!r 	BLERILYN L. H
UNITED STATES DISTRICT JUDGE
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
David Sarmiento
25cr2737-H
IMPRISONMENT
Judgment - Page 2 of7
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
120 months.
□ 	Sentence imposed pursuant to Title 8 USC Section 1326(b).
IZI 	The court makes the following recommendations to the Bureau of Prisons:
The Court recommends placement in FCI Seagoville to facilitate family visitations.
□ 	The defendant is remanded to the custody of the United States Marshal.
□ 	The defendant must surrender to the United States Marshal for this district:
□ 	at 	A.M. 	on
□ 	as notified by the United States Marshal.
□ The defendant must surrender for service of sentence at the institution designated by the Bureau of
Prisons:
□ 	on or before
□ 	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
at 	, with a certified copy of this judgment.
------------
UNITED STATES MARSHAL
By 	DEPUTY UNITED STATES MARSHAL
25cr2737-H
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
David Sarmiento
25cr2737-H
SUPERVISED RELEASE
Upon release from imprisonment, the defendant will be on supervised release for a term of:
10 years.
MANDATORY CONDITIONS
1. 	The defendant must not commit another federal, state or local crime.
2. 	The defendant must not unlawfully possess a controlled substance.
Judgment - Page 3 of 7
3. 	The defendant must not illegally possess a controlled substance. The defendant must refrain from any unlawful use of a
controlled substance. The defendant must 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. Testing requirements will not exceed submission of more than
4 drug tests per month during the term of supervision, unless otherwise ordered by the court.
□ 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)
4. 	□ The defendant must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a
sentence of restitution. (check if applicable)
5. 	~ The defendant must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. 	□ The defendant must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. §
20901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in
the location where the defendant resides, works, is a student, or was convicted of a qualifying offense. (check if applicable)
7. 	D The defendant must participate in an approved program for domestic violence. (check if applicable)
The defendant must comply with the standard conditions that have been adopted by this court as well as with any other conditions
on the attached page.
25cr2737-H
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
David Sarmiento
25cr2737-H
STANDARD CONDITIONS OF SUPERVISION
Judgment - Page 4 of 7
As part of the defendant's supervised release, the defendant must comply with the following standard conditions of
supervision. These conditions are imposed 	because they establish the basic expectations for the defendant's behavior
while on supervision and identify the minimum tools needed by probation 	officers to keep informed, report to the court
about, and bring about improvements in the defendant's conduct and condition.
1. The defendant must report to the probation office in the federal judicial district where they are authorized to reside within 72
hours of their release from imprisonment, unless the probation officer instructs the defendant to report to a different probation
office or within a different time frame.
2. After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer
about how and when the defendant must report to the probation officer, and the defendant must report to the probation officer as
instructed.
3. The defendant must not knowingly leave the federal judicial district where the defendant is authorized to reside without first
getting permission from the court or the probation officer.
4. The defendant must answer truthfully the questions asked by their probation officer.
5. The defendant must live at a place approved by the probation officer. If the defendant plans to change where they live or anything
about their living arrangements (such as the people living with the defendant), the defendant must notify the probation officer at
least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances,
the defendant must notify the probation officer within 72 hours of becoming aware of a change or expected change.
6. The defendant must allow the probation officer to visit them at any time at their home or elsewhere, and the defendant must
permit the probation officer to take any items prohibited by the conditions of their supervision that he or she observes in plain
view.
7. The defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer
excuses the defendant from doing so. If the defendant does not have full-time employment the defendant must try to find full-
time employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where the
defendant works or anything about their work (such as their position or their job responsibilities), the defendant must notify the
probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible
due to unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a
change or expected change.
8. The defendant must not communicate or interact with someone they know is engaged in criminal activity. If the defendant knows
someone has been convicted of a felony, they must not knowingly communicate or interact with that person without first getting
the permission of the probation officer.
9. If the defendant is arrested or questioned by a law enforcement officer, the defendant must notify the probation officer within 72
hours.
10. The defendant must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e.,
anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such
as nunchakus or tasers).
11. The defendant must not act or make any agreement with a law enforcement agency to act as a confidential human source or
informant without first getting the permission of the court.
12. If the probation officer determines the defendant poses a risk to another person (including an organization), the probation officer
may require the defendant to notify the person about the risk and the defendant must comply with that instruction. The probation
officer may contact the person and confirm that the defendant notified the person about the risk.
13. The defendant must follow the instructions of the probation officer related to the conditions of supervision.
25cr2737-H
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
David Sarmiento
25cr2737-H
SPECIAL CONDITIONS OF SUPERVISION
Judgment - Page 5 of 7
1. 	Participate in a program of mental health treatment as directed by the probation officer. The court authorizes the
release of the presentence report and available psychological evaluations to the mental health provider, as approved
by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment
provider. May be required to contribute to the costs of services rendered in an amount to be determined by the
probation officer, based on ability to pay.
2. 	Reside in a Residential Reentry Center (RRC) as directed by the probation officer for a period of up to 120 days
(non-punitive).
3. 	Submit your person, property, residence, abode, vehicle, papers, computer, social media accounts, any other
electronic communications or data storage devices or media, and effects to search at any time, with or without
warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a
condition of probation/supervised release or unlawful conduct, and otherwise in the lawful discharge of the officer's
duties. 18 U.S.C. §§ 3563 (b)(23); 3583 (d)(3). Failure to submit to a search may be grounds for revocation; you
must warn any other residents that the premises may be subject to searches pursuant to this condition.
4. 	Consent to third party disclosure to any employer, potential employer, concerning any restrictions that are imposed
by the court.
5. 	Not use or possess any computer, computer-related devices (pursuant to 18 U.S.C. § 1030(e)(l)), which are capable
of accessing, storing, or transmitting visual depictions of "sexually explicit conduct" involving children as defined
by 18 USC§ 2256(2) and/or "actual sexually explicit conduct" involving adults as defined by 18 USC§ 2257(h)(l),
without prior approval by the court or probation officer, all of which are subject to search and seizure. Such devices
include, but are not limited to smart phones, smart watches, video game consoles, digital tablets, I-pods, and not
excluding anything else that has the capability of doing so in the future and can communicate data via modem,
dedicated connections or cellular networks, and their peripheral equipment. The offender must consent to
installation of monitoring software and/or hardware on any computer or computer-related devices owned or
controlled by the offender that will enable the probation officer to monitor all computer use and cellular data. The
offender must pay for the cost of installation of the computer software.
6. 	Not associate with, or have any contact with, any known sex offenders unless in an approved treatment and/or
counseling setting.
7. 	Not initiate any contact (personal, electronic or otherwise) or associate with anyone under the age of 18, unless in
the presence of a supervising adult who is aware of the offender's deviant sexual behavior and nature of offense and
conviction, with the exception of the offender's biological children, unless approved in advance by the probation
officer.
8. 	Not accept or commence employment or volunteer activity without prior approval of the probation officer, and
employment should be subject to continuous review and assessment by the probation officer.
9. 	Not loiter within 200 yards of a school, schoolyard, playground, park, amusement center/park, public swimming
pool, arcade, daycare center, carnival, recreation venue, library and other places primarily frequented by persons
under the age of 18, without prior approval of the probation officer.
10. Not possess or view any materials such as videos, magazines, photographs, computer images or other matter that
depicts "sexually explicit conduct" involving children as defined by 18 USC § 2256(2) and/or "actual sexually
25cr2737-H
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT: 	David Sarmiento
25cr2737-H
Judgment - Page 6 of 7
CASE NUMBER:
II
II
II
explicit conduct" involving adults as defined by 18 USC § 2257(h)(l), and not patronize any place where such
materials or entertainment are the primary material or entertainment available.
11. Complete a sex offender evaluation, which may include periodic psychological, physiological testing, and
completion of a visual reaction time (VRT) assessment, at the direction of the court or probation officer. If deemed
necessary by the treatment provider, the offender shall participate and successfully complete an approved state-
certified sex offender treatment program, including compliance with treatment requirements of the program. The
Court authorizes the release of the presentence report, and available psychological evaluations to the treatment
provider, as approved by the probation officer. The offender will allow reciprocal release of information between
the probation officer and the treatment provider. The offender may also be required to contribute to the costs of
services rendered in an amount to be determined by the probation officer, based on ability to pay. Polygraph
examinations may be used following completion of the formal treatment program as directed by the probation
officer in order to monitor adherence to the goals and objectives of treatment and as a part of the containment model.
12. Reside in a residence approved in advance by the probation officer, and any changes in residence shall be pre-
approved by the probation officer.
13. Be monitored while under supervision with location monitoring technology at the discretion of the probation officer,
which must be utilized for the purposes of verifying compliance with any court-imposed condition of supervision.
The offender must pay all or part of the costs of location monitoring based on their ability to pay as directed by the
court and/or probation officer.
25cr2737-H
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
David Sarmiento
25cr2737-H
RESTITUTION
The defendant shall pay restitution in the amount of 	$9,000.00
Judgment - Page 7 of 7
to or on behalf of the victims.
Restitution shall be paid through the Office of the Clerk of the District Court, as referenced in the Restitution
Order.
25cr2737-H
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