USA v. Bilau
Criminal

Middle District of Florida, flmd-8:2017-cr-00055-333275

JUDGMENT as to Anthony Bilau (1), Count 1, Imprisonment: 60 months; Supervised Release: 120 months; Fine: Waived; Restitution: $15,000; Special Assessment: $100. Signed by Judge Elizabeth A. Kovachevich on 8/25/2017. (SMB)

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Page 1 of 6 PageID 5189 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA Case Number. 8: 17 - cr - 55 - T - 17AAS USM Number: 68413 - 018 ANTHONY BILAU William W. Hanlon, retained JUDGMENT IN A CRIMINAL CASE The defendant pleaded guilty to Count One of the Information. The defendant is adjudicated guilty of these offenses: Date Offense Concluded Count Number (s) Nature of Offense Title & Section 18U.S. C. $ 2252 (a) (4) (B) and 2252 (b) (2) Possession of Child Pornography August 11, 2015 One The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. 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 shall notify the court and United States Attorney of any material change in the defendant's economic circumstances. Date of Imposition of Judgment: August 25, 2017 · . ELTZABSTHA. KOVACHEVICH UNITED STATES DISTRICT JUDGE August 25, 2017 AO 245B (Rev. 11 / 16) Judgment in a Criminal PagelD 519 Page Anthony Bilau 8: 17 - cr - 55 - T - 17AAS 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 (60) MONTHS as to Count One of the Information. The defendant shall receive credit for time served as calculated by the Bureau of Prisons. The Defendant is remanded to the custody of the United States Marshal to await designation at the Bureau of Prisons. The Court recommends to the Bureau of Prisons: 1. 1st choice of incarceration: Butner, NC or alternative sex offender facility 2. 2nd choice of incarceration: Devens, MA or Marion, IL 3. Defendant needs medical examination for medications for high cholesterol and hypertension. Defendant has seasonal allergies. 4. Substance abuse counseling for alcohol and drugs. 5. Mental health treatment related to child pornography. 6. Vocational education in electrical trade, welding, HVAC, refrigeration, mechanics, plumbing, small business administration and computer related to trades. 7. Counseling for any necessary anger management. RETURN I have executed this judgment as follows: Defendant delivered on at, with a certified copy of this judgment. UNITED STATES MARSHAL By: DeputyU.S. Marshal AO 245B (Rev. 11 / 16) Judgment in a Criminal PageID 520 Page 3 of Anthony Bilau 8: 17 - cr - 55 - T - 17AAS SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of TEN (10 YEARS as to Count One of the Information. MANDATORY CONDITIONS som vi You must not commit another federal, state or local crime. You must not unlawfully possess a controlled substance. You must refrain from any unlawful use of a controlled substance. You 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. You must cooperate in the collection of DNA as directed by the probation officer. You must comply with the requirements of the Sex Offender Registration and Notification Act (42U.S. C. & 16901, 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. The defendant shall comply with the standard conditions that have been adopted by this court (set forth below) . The defendant shall also comply with the additional conditions on the attached page. AO 245B (Rev. 11 / 16) Judgment in a Criminal Case Page 4 of 6 Pageld 521 " Anthony Bilau 8: 17 - cr - 55 - T - 17AAS STANDARD CONDITIONS OF SUPERVISION 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. ni mi smo 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. 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. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer. You must answer truthfully the questions asked by your probation officer 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. 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. 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 10 days before the change. If notifying the probation officer at least 10 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. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer, If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. 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) . 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. 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. You must follow the instructions of the probation officer related to the conditions of supervision .U.S. Probation Office Use Only AU.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: AO 245B (Rev. 11 / 16) Judgment in a Criminal Pageld 522 " Anthony Bilau 8: 17 - cr - 55 - T - 17AAS ADDITIONAL CONDITIONS OF SUPERVISED RELEASE The defendant shall participate in a substance abuse program (outpatient and / or inpatient) and follow the probation officer's instructions regarding the implementation of this court directive. Further, the defendant shall contribute to the costs of these services not to exceed an amount determined reasonable by the Probation Office's Sliding Scale for Substance Abuse Treatment Services. During and upon completion of this program, the defendant is directed to submit to random drug testing. The defendant shall participate in a mental health program specializing in sex offender treatment and submit to polygraph testing for treatment and monitoring purposes; however, the Court recommends individual as opposed to group treatment. The defendant shall follow the probation officer's instructions regarding the implementation of this court directive. Further, the defendant shall contribute to the costs of such treatment and / or polygraphs not to exceed an amount determined reasonable by the Probation Officer base on ability to pay or availability of third party payment and in conformance with the Probation Office's Sliding Scale for Treatment Services. 3. The defendant shall register with the state sexual offender registration agency (s) in any state where you reside, visit, are employed, carry on a vocation, or are a student, as directed by your probation officer. The probation officer will provide state officials with all information required under Florida sexual predator and sexual offender notification and registration statutes (F. S. 943. 0435) and / or the Sex Offender Registration and Notification Act (Title 1 of the Adam Walsh Child Protection and Safety Act of 2006, Public Law 109 - 248), and may direct you to report to these agencies personally for required additional processing, such as photographing, fingerprinting, and DNA collection. 5. The defendant shall have no direct contact with minors (under the age of 18) without the written approval of the probation officer and shall refrain from entering into any area where children frequently congregate, including: schools, daycare centers, theme parks, playgrounds, etc. The defendant may have contact with his minor child under adult supervision only. The defendant is prohibited from possessing, subscribing to, or viewing, any video, magazine, or literature depicting children in the nude and / or in sexually explicit positions. Without prior approval of the probation officer, the defendant is prohibited from either possessing or using a computer (including a smart phone, a hand - held computer device, a gaming console, or an electronic device) capable to connecting to an online service or an internet service provider. This prohibition includes a computer at a public library, an internet café, defendant's place of employment, or an educational facility. Also, defendant is prohibited from possessing an electronic data storage medium (including a flash drive, a compact disk, and a floppy drive) or using any data encryption technique or program. If approved to possess or use a device, defendant must permit routine inspection of the device, including the hard drive and any other electronic data storage medium, to confirm adherence to this condition. The United States Probation Office must conduct the inspection in a manner no more intrusive than is necessary to ensure compliance with this condition. If this condition might affect a third party, including defendant's employer, defendant must inform the third party of this restriction, including the computer inspection provision. The defendant shall submit to a search of your person, residence, place of business, any storage units under the defendant's control, computer, or vehicle, conducted by the United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to submit to a search may be grounds for revocation. You shall inform any other residents that the premises may be subject to a search pursuant to this condition. The defendant shall cooperate in the collection of DNA, as directed by the Probation Officer. 10. The mandatory drug testing requirements of the Violent Crime Control Act are waived. However, the Court orders the defendant to submit to random drug testing not to exceed 104 tests per year. AO 245B (Rev. 11 / 16) Judgment in a Criminal PagelD 523 Anthony Bilau 8: 17 - cr - 55 - T - 17AAS CRIMINAL MONETARY PENALTIES The defendant must pay the following total criminal monetary penalties under the schedule of payments set forth in the Schedule of Payments. Assessment JVTA Assessment Fine Restitution TOTALS $ 100. 00 ΝΙΑ Waived $ 15, 000. 00 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 18U.S. C. $ 3664 (1), all nonfederal victims must be paid in full prior to the United States receiving payment. Name of Payee Restitution Ordered $ 1, 000. 00 $ 3, 000. 00 " Cindy " Series (Cindy) " At School " Series (Violet) " Jan _ Socks " Series (Skylar) " Jan _ Socks " Series (Sierra) " Jan _ Socks " Series (Sally) $ 3, 000. 00 $ 3, 000. 00 $ 1, 000. 00 $ 1, 000. 00 $ 3, 000. 00 " Jan _ Socks " Series (Savannah) " Marineland " Series (Sarah) SCHEDULE OF PAYMENTS Defendant shall pay restitution in the amount of $ 15, 000. 00 in the following amounts: " Cindy " Series (Cindy) - $ 1, 000; " At School " Series (Violet) - $ 3, 000; " Jan _ Socks " Series (Skylar - $ 3, 000) . (Sierra - $ 3, 000), (Sally - $ 1, 000); (Savannah - $ 1000); and " Marineland " Series (Sarah - $ 3, 000) . This restitution obligation shall be payable to the Clerk,U.S. District Court, for distribution to the victims. While in the Bureau of Prisons custody, defendant shall either (1) pay at least $ 25 quarterly if working non - Unicor or (2) pay at least 50 percent of your monthly earnings if working in a Unicor position, Upon release from custody, defendant is ordered to begin making payments of $ 200. 00 per month. At any time during the course of post - release supervision, the victim, the government, or the defendant, may notify the Court of a material change in the defendant's ability to pay, and the Court may adjust the payment scheduled accordingly. 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) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs. * Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18, United States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996. Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114 - 22. * 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 (Rev. 11 / 16) Judgment in a Criminal Case