USA v. Brown

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~AO 245B 	(Rev. 06/05) Judgment in a Criminal Case
Sheet I
UNITED STATES DISTRICT COURT
WESTERN 	District of 	ARKANSAS
UNITED STATES OF AMERICA 	JUDGMENT IN A CRIMINAL CASE
v.
Case Number: 	5:09CR50 107-00 1	ZACHARY BROWN
USMNumber: 	08260-010
George J. McManus
Defendant's Attorney
THE DEFENDANT:
X pleaded guilty to count(s) 	One (1) of the Information filed December 1,2009
D 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 	Count
18 U.S.c. 2252A(a)(5)(B) 	Possession of Child Pornography in Interstate and Foreign 	06/0112007 	1
and (b)(2) 	Commerce by Computer
The defendant is sentenced as provided in pages 2 through 	_---=.6 __ of this judgment, with the court considering the sentencing
guidelines as non-binding and advisory only.
D The defendant has been found not guilty on count(s)
D Count(s) 	D is 	D are 	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 da)'s 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 defenoant must notify the court and United States attorney of material changes 10 economic circumstances.
April 12,2010
Date ofImposition of Judgment
1S 1 Jirnm Larry Hendren
Signature of Judge
Honorable Jimm Larry Hendren, Chief United States District Judge
Name and Title of Judge
Date
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AO 2458 	(Rev. 06/05) Judgment in Criminal Case
Sheet 2 - Imprisonment
Judgment - 	Page _....:2,--_ of
DEFENDANT: 	ZACHARY BROWN
CASE NUMBER: 	5:09CR50107-001
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of: 	sixty-three (63) months
o 	The court makes the following recommendations to the Bureau of Prisons:
X 	The defendant is remanded to the custody of the United States Marshal.
o 	The defendant shall surrender to the United States Marshal for this district:
o 	a 	0 	a.m. 	0 	p.m. 	on
o 	as notified by the United States Marshal.
o 	The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
o 	before 2 p.m.
o 	as notified by the United States Marshal.
o 	as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered 	to
at 	_______________ , with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
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AO 2458 	(Rev. 06/05) Judgment in a Criminal Case
Sheet 3 - Supervised Release
Judgment-Page 	3 	of
DEFENDANT: 	ZACHARY BROWN
CASE NUMBER: 	5:09CR50 I07-00 I
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: 	fifteen (15) years
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 Pnsons.
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 a 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, as determined by the court.
o 	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.)
X 	The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
X 	The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)
X 	The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a
student, as directed by the probation officer. (Check, if applicable.)
o 	The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
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 slieet 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
I) 	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 and shall submit a truthful and complete written report within the first five days of
each month;
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;
II) 	the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
12) 	the d~fe.ndant 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) 	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 Rersonal history or characteristics and shall permit the probation officer to make such notifications and to confirm the
defendant s compliance with such notification requirement.
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AO 2458 	(Rev. 06/05) Judgment in a Criminal Case
Sheet 3C - Supervised Release
Judgment-Page _~4_ of
DEFENDANT: 	ZACHARY BROWN
CASE NUMBER: 	S:09CRS0107-001
SPECIAL CONDITIONS OF SUPERVISION
1. 	The defendant shall submit his person, residence, place of employment, and vehicle to a search conducted by the United
States Probation Officer at a reasonable time and in a reasonable manner based on a reasonable suspicion of evidence of any
violation of conditions of supervised release. The defendant shall warn any other residents that theIr premisses may be
subject to search pursuant to this condition.
2. 	The defendant shall not have access to an internet-connected computer or other device with internet capabilities or
access the internet from any location without prior approval by the probation office and for a justified reason. The defendant
shall not have internet access at his residence.
3. 	The defendant shall submit to in-patient or out-patient mental health evaluation, counseling, testing and/or treatment, all
with an emphasis on sex offender treatment, as deemed necessary and directed by the U. S. Probation Officer.
4. 	The defendant shall have no unsupervised contact with minors, except for the defendant's minor child.
5. 	The defendant shall submit to any means utilized by the probation officer to track his whereabouts or location at any
time.
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AO 2458 	(Rev. 06/05) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties
Judgment - 	Page _"",,5 __ 	of 	6
DEFENDANT: 	ZACHARY BROWN
CASE NUMBER: 	S:09CRS0107-001
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 	$ 10,000.00 	$ -0
o 	The detennination of restitution is deferred until 	. An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such detennination.
o 	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(1), all nonfederal victims must be paid
before the United States is paid.
Name of Payee 	Total Loss· 	Restitution Ordered 	Priority or Percentage
$ 	----:0:..,..	TOTALS 	$
°
o 	Restitution amount ordered pursuant to plea agreement $ 	_
o 	The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(t). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
X 	The court detennined that the defendant does not have the ability to pay interest and it is ordered that:
X 	the interest requirement is waived for the 	X 	fine 	0 	restitution.
D 	the interest requirement for the 	0 	fine 	0 	restitution is modified as follows:
* Findings for the total amountoflosses are reguired under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after
Septemoer 13,1994, but before April 23, 1996.
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AD 2458 	(Rev. 06/05) Judgment in a Criminal Case
Sheet 6 - Schedule of Payments
Judgment-Page _~6_ of
DEFENDANT: 	ZACHARY BROWN
CASE NUMBER: 	5:09CR501 07-00 1
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:
A 	X 	Lump sum payment of$ 	10,100.00 	due immediately, balance due
D 	not later than 	, or
X 	in accordance 	D 	C, 	D 	D, 	D 	E, or 	D F below; or
B 	D 	Payment to begin immediately (may be combined with 	DC, 	D D, or 	X F below); or
C 	D 	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 	D 	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 	D 	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 fmandal penalty iml'osed shall be paid during the period of incarceration at a rate of not less
than 10% of the defendant's quarterly earnings or $25, whichever is greater. The payment of any remaining balance shall be a
condition of supervised release and may be paid in monthly installments of not less than $135 or 10% of defendant's net
household income, whichever is greater, unoer the direction of the U. S. Probation Officer, with the entire balance of the fine to be
paid in full one month prior to the termination of supervision.
Unless the court has expressly ordered otherwise, ifthisjudgment imposes imprisonment, paymentofcriminal monetary penalties is due during
imprisonment. All cnminal monetary penaltie~ except those payments made througn the Federal Bureau of Prisons' Inmate Financial
Responsibility Program, are made to the clerk 01 the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
o 	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.
D 	The defendant shall pay the cost of prosecution.
D 	The defendant shall pay the following court cost(s):
D 	The defendant shall forfeit the defendant's interest in the following property to the United States:
Payments shall be applied in the following order: (I) 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.
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