USA v. Brown

JUDGMENT as to Travis Brown (1), Count(s) 1, 3-4, 5, DISMISSED UPON MOTION OF THE USA; Count(s) 2, DEFENDANT SENTENCED TO 60 MONTHS IMPRISONMENT, 5 YEARS SUPERVISED RELEASE AND $100.00 SPECIAL ASSESSMENT. Signed by Honorable P. K. Holmes, III on October 14, 2014. (cc via CM/ECF: U.S. Probation Office, U.S. Marshals Service)

Western District of Arkansas, arwd-2:2014-cr-20002-43793

Current View

Full Text

CAO 245B (Kagooglidinen-A0021mbpate Document 34 Filed 10/14/14 Page 1 of 6 PagelD #: 116 Sheet1 UNITED STATES DISTRICT COURT WESTERN District of ARKANSAS UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE TRAVIS BROWN Case Number: 2:14CR20002-001 USM Number: 12153-010 James William Robb. Joel W. Price Defendant's Attorney THE DEFENDANT: X pleaded guilty to count(s) Two (2) of the Indictment on April 30, 2014 pleaded nolo contendere to count(s) which was accepted by the court. was found guilty on count(s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Count Title & Section 18 U.S.C. $$ 2252(a)(2) & 2252(b)(1) Nature of Offense Receipt of Child Pornography Offense Ended 02/23/2013 of this judgment. The sentence is imposed within the The defendant is sentenced as provided in pages 2 through 6 statutory range and the U.S. Sentencing Guidelines were considered as advisory. The defendant has been found not guilty on count(s) X Count(s) One (1), Three (3), Four (4), and Five (5) D is X 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 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.' Ifordered to pay restitution, the defendant must notify the court and United States attorney of material changes mic circumstances. October 14, 2014 Date of Imposition of Judgment /S/P. K. Holmes, III. Signature of Judge Honorable P. K. Holmes, III, Chief United States District Judge Name and Title of Judge October 14, 2014 Date AO 245B (Rebalgo @dgeron-200@ZabeKH Document 34 Sheet 2 - Imprisonment Filed 10/14/14 Page 2 of 6 PageID #: 117 Judgment --- Page _2_ of __ 6 DEFENDANT: CASE NUMBER: TRAVIS BROWN 2:14CR20002-001 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 (60) months. X The court makes the following recommendations to the Bureau of Prisons: The defendant be placed in a facility near his family in Pennsylvania, and where he can receive treatment. X The defendant is remanded to the custody of the United States Marshal. The defendant shall surrender to the United States Marshal for this district: o at _0a.m. Op.m. on as notified by the United States Marshal. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 1 p.m. on as notified by the United States Marshal. as notified by the Probation or Pretrial Services Office. O 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 (ReColle) Podbrabach-2000a-fakH Document 34 Filed 10/14/14 Page 3 of 6 PagelD #: 118 Sheet 3 - Supervised Release Judgment—Page 3 of 6 DEFENDANT: CASE NUMBER: TRAVIS BROWN 2:14CR20002-001 SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of: five (5) years. ation office in the district to which the defendant is released within 72 hours of release from the The defendant must report to th custody of the Bureau of Prisons. 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. X 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.) 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 sheet 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 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; 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; 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) 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 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 (R@agscos2!udemey-12.00 omhappesel Document 34 Filed 10/14/14 Page 4 of 6 PageID #: 119 Sheet 3C - Supervised Release Judgment-Page 4 of 6 DEFENDANT: CASE NUMBER: TRAVIS BROWN 2:14CR20002-001 SPECIAL CONDITIONS OF SUPERVISION 1. The defendant shall submit his person, residence, place of business or employment, vehicle, papers, computer, other electronic communication or data storage devices or media, and effects to a search conducted by the U.S. Probation Office based upon reasonable suspicion of criminal activity or violation of any condition of supervised release. 2. If deemed necessary, the defendant shall submit to any means utilized by the probation office to track his whereabouts or location at any time. 3. The defendant shall have no unsupervised contact with minors. 4. The defendant shall submit to in-patient or out-patient mental health/sex offender evaluation, counseling, testing, and/or treatment, as deemed necessary and directed by the U.S. Probation Office. 5. 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 photography capabilities, without prior written approval of the U.S. Probation Office. AO 245B (ReCONUB Adamkacin-20002-fakH Document 34 Filed 10/14/14 Page 5 of 6 Pageld #: 120 Sheet 5 – Criminal Monetary Penalties DEFENDANT: CASE NUMBER: Judgment - Page TRAVIS BROWN 2:14CR20002-001 CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment 100.00 Fine $ - 0 - Restitution $ - 0 - TOTALS $ The determination of restitution is deferred until after such determination. . An Amended Judgment in a Criminal Case (AO 245C) will be entered 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 below. However, pursuant to 18 U.S.C. $ 3664(i), all nonfederal victims must be paid before the United States is paid. Name of Payee Total Loss* Restitution Ordered Priority or Percentage TOTALS 0 Restitution amount ordered pursuant to plea agreement $ 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). The court determined that the defendant does not have the ability to pay interest and it is ordered that: o the interest requirement is waived for the fine restitution. the interest requirement for the a fine o restitution is modified as follows: * Findings for the total amount of losses are required under Chapters 1099, 110, 1104, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996. AO 245B (Replago @dgmentin-20000a PakH Document 34 Sheet 6 - Schedule of Payments Filed 10/14/14 Page 6 of 6 PageID #: 121 Judgment - Page DEFENDANT: CASE NUMBER: TRAVIS BROWN 2:14CR20002-001 SCHEDULE OF PAYMENTS Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: A X Lump sum payment of $ 100.00 due immediately. B O C O D O o not later than, or Ō in accordance oC, OD, O E, or F below; or Payment to begin immediately (may be combined with OC, OD, or Of below); or Payment in equal (.., 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 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 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 Special instructions regarding the payment of criminal monetary penalties: E O F 0 Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. _All criminal monetary penalties, except those payments made through the Federal Bureau of Prísons' 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. 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. o The defendant shall pay the cos