USA v. Abeyta

AO 2458 (Rev. 11/25) 	Judgment in a Criminal Case
Sheet I
UNITED STATES DISTRICT COURT 	TAM 1
C15 2025
Eastern District of Arkansas 	By: --~rui..~J
.. 	s
UNITED STATES OF AMERICA )
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JUDGMENT IN A CRIMINAL CASE DEP CLERK
V.
MARCUS ABEYTA
THE DEFENDANT:
It'.! pleaded guilty to count(s) 	1
Case Number: 4:24-cr-00096 KGB
USMNumber: 	15761-511
JAWARA GRIFFIN
Defendant's Attorney
------------------------------------
□ pleaded nolo contendere to count(s)
which was accepted by the court.
D 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
18 U.S.C. § 2251(a)
and (e)
Production of Child Pornography, a Class B Felony 	12/2/2023 	1
The defendant is sentenced as provided in pages 2 through
the Sentencing Refonn Act of 1984.
D The defendant has been found not guilty on count(s)
__8__ of this judgment. The sentence is imposed pursuant to
D Count(s) 	Dis 	Dare 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 defenaant must notify the court and United States attorney of material changes in economic circumstances.
12/12/2025
Date of Imposition of Judgment
Signature of Judge
Kristine G. Baker, Chief United States District Judge
Name and Title of Judge
Date
Case 4:24-cr-00096-KGB Document 28 Filed 12/15/25 Page 1 of 8

AO 2458 (Rev. 11/25) Judgment in Criminal Case
Sheet 2 - Imprisonment
DEFENDANT: 	MARCUS ABE YTA
CASE NUMBER: 	4:24-cr-00096 KGB
Judgment- Page -=2-
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
total tenn of:
180 months.
~ The court makes the following recommendations to the Bureau of Prisons:
of 	8
The Court recommends the defendant receive a psychosexual evaluation and participate in sex offender counseling.
The Court also recommends the defendant undergo a mental health assessment and participate in mental health
treatment, residential substance abuse treatment, and educational and vocational programs during incarceration. If he
does not qualify for residential substance abuse treatment, the Court recommends he participate in nonresidential
treatment. The Court further recommends the defendant be incarcerated in a Kansas or Oklahoma facility.
lll 	The defendant is remanded to the custody of the United States Marshal.
D 	The defendant shall surrender to the United States Marshal for this district:
D 	at 	D 	a.m. 	D 	p.m. 	on
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D 	as notified by the United States Marshal.
D 	The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
D 	before 2 p.m. on
D 	as notified by the United States Marshal.
D 	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 ST ATES MARSHAL
By-------,=-=:-:-=-==-~==-:-:~.,...,..,--...,.------
DEPUTY UNITED ST ATES MARSHAL
Case 4:24-cr-00096-KGB Document 28 Filed 12/15/25 Page 2 of 8

AO 245B (Rev. 11/25) 	Judgment in a Criminal Case
Sheet 3 - Supervised Release
DEFENDANT: 	MARCUS ABEYTA
CASE NUMBER: 	4:24-cr-00096 KGB
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
Ten (10) years.
MANDATORY CONDITIONS
I. 	You must not commit another federal, state or local crime.
2. 	You must not unlawfully possess a controlled substance.
Judgment-Page ___ of
3. 	You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days ofrelease from
imprisonment and at least two periodic drug tests thereafter, as determined by the court.
D .The above drug testing condition is suspended, based on the court's determination that you
pose a low risk of future substance abuse. (check if applicable)
4. 	D You 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. 	Ill You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. 	Ill You 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 you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7. 	D You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.
Case 4:24-cr-00096-KGB Document 28 Filed 12/15/25 Page 3 of 8

AO 2458 (Rev. 11/25) 	Judgment in a Criminal Case
Sheet 3A - Supervised Release
DEFENDANT: 	MARCUS ABEYTA
CASE NUMBER: 4:24-cr-00096 KGB
Judgment-Page
STANDARD CONDITIONS OF SUPERVISION
_____ of---~--
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
because they establish the basic expectations for your 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 your conduct and condition.
I. 	You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
frame.
2. 	After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.
3. 	You must not knowingly leave the federal judicial district where you are authorized to reside without first getting pennission from the
comt or the probation officer.
4. 	You must answer truthfully the questions asked by your probation officer.
5. 	You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you 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, you must notify the probation officer within 72
hours of becoming aware of a change or expected change.
6. 	You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to
take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. 	You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
responsibilities), you must notify the probation officer at least IO days before the change. If notifying the probation officer at least I0
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
8. 	You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
convicted ofa felony, you must not knowingly communicate or interact with that person without first getting the pennission of the
probation officer.
9. 	If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
I 0. 	You 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. 	You 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 that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
person and confirm that you have notified the person about the risk.
13. 	You must follow the instructions of the probation officer related to the conditions of supervision.
U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.
Defendant's Signature 	Date ------------
Case 4:24-cr-00096-KGB Document 28 Filed 12/15/25 Page 4 of 8

AO 2458 (Rev. 11/25) 	Judgment in a Criminal Case
Sheet 38 - Supervised Release
DEFENDANT: 	MARCUS ABEYTA
CASE NUMBER: 	4:24-cr-00096 KGB
Judgment-Page __5_ of
ADDITIONAL SUPERVISED RELEASE TERMS
8
The probation officer will provide state officials with all information required under any sexual predator and sexual offender
notification and registration statute and may direct the defendant to report to these agencies personally for required
additional processing, such as an interview and assessment, photographing, fingerprinting, polygraph testing, and DNA
collection.
The defendant shall participate in sex offender treatment under the guidance and supervision of the probation officer and
follow the rules and regulations of the program, including submitting to periodic polygraph testing to aid in the treatment
and supervision process. He must pay for the cost of that treatment, including polygraph sessions, at the rate of $10 per
session with the total cost not to exceed $40 per month based on ability to pay as determined by the probation office. If he
is financially unable to pay, the cost of treatment will be waived.
The defendant must not view or possess any "visual depiction" (as defined in 18 U.S.C. § 2256) including any photograph,
film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic,
mechanical, or other means, of "sexually explicit conduct" (as defined in 18 U.S.C. § 2256), or any other material that
would compromise your sex offense-specific treatment if he is so notified by the probation office.
The defendant shall not enter adult bookstores, strip clubs, or adult sex-themed entertainment businesses, or any
establishments whose primary business involves sex-themed material or entertainment.
The defendant must not possess and/or use any internet capable device or other electronic communications or data
storage devices or other media without first obtaining permission from the probation officer.
The defendant must not access the Internet except for reasons approved in advance by the probation officer.
The defendant shall agree to the installation of monitoring software and hardware approved by the probation office on any
internet capable device that he uses.
To ensure compliance with the monitoring condition, the defendant must allow the probation officer to conduct initial and
periodic unannounced searches of any internet capable devices subject to monitoring. These searches will be conducted
to determine whether the internet capable device contains any prohibited data prior to installation of the monitoring
software, whether the monitoring software is functioning effectively after its installation, and whether there have been
attempts to circumvent the monitoring software after its installation. The defendant must warn any other people who use
these internet capable devices that the devices may be subject to searches pursuant to this condition.
The defendant will not participate in online gaming. He will not utilize or maintain any memberships or accounts of any
social networking website or websites that allow minor children membership, a profile, an account, or webpage without
approval of the probation office. This includes websites that explicitly prohibit access or use by sex offenders.
The defendant shall submit his person, property, house, residence, vehicle, papers, internet capable device, other
electronic communications or data storage devices or media, or office, to a search conducted by a United States Probation
Officer. Failure of the defendant to subject to search may be grounds for revocation of his supervised release. He must
warn any other occupants that the premises may be subject to searches pursuant to this condition.
The probation officer may conduct a search under this condition only when reasonable suspicion exists that he has violated
a condition of supervision and that the areas to be searched contain evidence of this violation. Any search must be
conducted at a reasonable time and in a reasonable manner.
The defendant shall not directly or indirectly contact the victim by any means, including in person, by mail, electronically,
telephonically, or through someone else, without first obtaining permission of the probation officer. If any contact occurs,
he must immediately leave the area and report the contact to the probation office.
Case 4:24-cr-00096-KGB Document 28 Filed 12/15/25 Page 5 of 8

AO 245B (Rev. I 1/25) 	Judgment in a Criminal Case
Sheet 3C - Supervised Release
DEFENDANT: 	MARCUS ABEYTA
CASE NUMBER: 4:24-cr-00096 KGB
Judgment-Page
ADDITIONAL STANDARD CONDITIONS OF SUPERVISION
6 	of
The defendant shall have no direct contact with any child he knows or reasonably should know to be under the age of 18,
including his own children or grandchildren, without the permission of the probation officer. If he does have any direct
contact with any child he knows or reasonably should know to be under the age of 18, including his own children or
grandchildren, without the permission of the probation officer, you must report this contact to the probation officer within 24
hours. Direct contact includes written communication, in-person communication, or physical contact. Direct contact does
not include incidental contact during ordinary daily activities in public places.
The defendant must not go to, or remain at, any place where he knows children under the age of 18 are likely to be,
including parks, schools, playgrounds, and childcare facilities.
The defendant must participate in a mental health treatment program under the guidance and supervision of the probation
office. He must pay for the cost of that treatment at the rate of $10 per session with the total cost not to exceed $40 per
month, based on ability to pay, as determined by the probation office. If he is financially unable to pay, the cost of
treatment will be waived.
The defendant must participate in a substance abuse treatment program under the guidance and supervision of the
probation office. The program may include drug and alcohol testing, outpatient counseling, and residential treatment. The
defendant must abstain from the use of alcohol during treatment. He must pay for the cost of that treatment at the rate of
$10 per session with the total cost not to exceed $40 per month, based on ability to pay, as determined by the probation
office. If the defendant is financially unable to pay, the cost of treatment will be waived.
The defendant must provide the probation officer with access to any requested financial information (including expected
financial gains) and authorize the release of any financial information. The probation office may share financial information
with the U.S. Attorney's Office.
The defendant must not incur new credit charges or open additional lines of credit without the approval of the probation
officer unless all criminal penalties have been satisfied.
Case 4:24-cr-00096-KGB Document 28 Filed 12/15/25 Page 6 of 8

AO 245B (Rev. 11/25) 	Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties
Judgment-Page _ _..:?,__ of 	8
DEFENDANT: MARCUS ABEYTA
CASE NUMBER: 4:24-cr-00096 KGB
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
TOTALS
Assessment
$ 100.00
Restitution
$
Fine
$
AV AA Assessment*
$ 	100.00
JVTA Assessment**
$
D 	The determination ofrestitution is deferred until 	. An Amended Judgment in a Criminal Case (AO 245C) will be
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entered after such determination.
D 	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 or~er or perc~ntage payment column below. However, pursuant to 18 U.S.C. § 36640), all nonfederal victims must be paid
before the Umted States ts paid.
Name of Payee 	Total Loss*** 	Restitution Ordered 	Priority or Percentage
TOTALS 	$ 	0.00 	$ 	0.00---------- 	----------
D 	Restitution amount ordered pursuant to plea agreement 	$ ----------
D 	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).
D 	The court determined that the defendant does not have the ability to pay interest and it is ordered that:
D 	the interest requirement is waived for the 	D 	fine 	D 	restitution.
D 	the interest requirement for the 	D 	fine 	D 	restitution is modified as follows:
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters 109A, 110, 11 OA, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.
Case 4:24-cr-00096-KGB Document 28 Filed 12/15/25 Page 7 of 8

AO 245B (Rev. 11/25) 	Judgment in a Criminal Case
Sheet 6 - Schedule of Payments
DEFENDANT: 	MARCUS ABEYTA
CASE NUMBER: 	4:24-cr-00096 KGB
Judgment- Page ___8.__ of
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A 	It] 	Lump sum payment of$ 	200.00	~~~~---
due immediately, balance due
O 	not later than
O 	in accordance with O 	C, 	O 	D,
, or
O 	E,or
B 	O 	Payment to begin immediately (may be combined with
O Fbelow; or
oc, 	0 D, or 	OF below); or
C 	O 	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 	O 	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 	O 	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 	O 	Special instructions regarding the payment of criminal monetary penalties:
8
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of 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.
0 	Joint and Several
Case Number
Defendant and Co-Defendant Names
(including defendant number)
0 	The defendant shall pay the cost of prosecution.
Total Amount
0 	The defendant shall pay the following court cost(s):
Joint and Several
Amount
0 	The defendant shall forfeit the defendant's interest in the following property to the United States:
Con-esponding Payee,
if appropriate
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, mcluding cost of
prosecut10n and court costs.
Case 4:24-cr-00096-KGB Document 28 Filed 12/15/25 Page 8 of 8