USA v. Ellis
Criminal

Middle District of Florida, flmd-8:2017-cr-00501-342639

JUDGMENT as to Brian Scott Ellis (1), Count(s) 1-3, 1s, 2s-4s, 2ss-3ss, Dismissed; Count(s) 1ss, Imprisonment: 144 months; Supervised Release: 10 years; Fine: Waived; Special Assessment: $100; JVTA Assessment: $5,000 (total); Restituti on: $82,600.00; Count(s) 4ss, Imprisonment: 120 months, concurrent with Count 1ss; Supervised Release: 10 years, concurrent with Count 1ss; Fine: Waived; Special Assessment: $100; JVTA Assessment: $5,000 (total); Restitution: $82,600.00. Signed by Judge James S. Moody, Jr. on 6/21/2018. (SMB)

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Page 1 of 6 PageID 440°° UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA Case Number: 8: 17 - cr - 501 - T - 30CPT USM Number: 69372 - 018 BRIAN SCOTT ELLIS Joseph Anthony Caimano, Jr ., Retained JUDGMENT IN A CRIMINAL CASE The defendant pleaded guilty to Counts One and Four of the Second Superseding Indictment. The defendant is adjudicated guilty of these offenses: Date Offense Count Title & Section Nature of Offense Concluded Number (s) 18U.S. C. SS 2251 (a) and (e) Attempted Production of Child Pornography May 22, 2016 One (Class B Felony) 18U.S. C. & 2252 (a) (4) (B) Possession of Child Pornography (Class C Felony) September 20, 2017 Four The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. In accordance with the plea agreement, it is ordered that counts Two and Three of the Second Superseding Indictment be dismissed. Furthermore, it is ordered that the underlying Indictment dismissed. 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: June 21, 2018 Sam S. Mestos JAMES S. MOODY, JR. SENTOR UNITED STATES DISTRICT JUDGE June 21, 2018 AO 245B (Rev. 02 / 18) Judgment in a Criminal Pageld 441 Brian Scott Ellis 8: 17 - cr - 501 - T - 30CPT IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of ONE HUNDRED AND FORTY - FOUR (144) MONTHS. This term consists of a term of ONE HUNDRED AND FORTY - FOUR (144) MONTHS on Count One and a term of ONE HUNDRED AND TWENTY (120) MONTHS on Count Four, all such terms to run concurrently. The defendant is remanded to the custody of the United States Marshal. RETURN I have executed this judgment as follows: Defendant delivered on with a certified copy of this judgment. UNITED STATES MARSHAL By: DeputyU.S. Marshal AO 245B (Rev. 02 / 18) Judgment in a Criminal Pageld 4429€ 3° Brian Scott Ellis 8: 17 - cr - 501 - T - 30CPT SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of TEN (10) YEARS. This term consists of a TEN (10) YEAR term as to each of Counts One and Four, such terms to run concurrently. MANDATORY CONDITIONS د ج به You must not commit another federal, state or local crime. You must not unlawfully possess a controlled substance. The mandatory drug testing provisions of the Violent Crime Control Act are waived. The Court authorizes random drug testing not to exceed 104 tests per year. You must cooperate in the collection of DNA as directed by the probation officer. هم 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. 02 / 18) Judgment in a Criminal Case age 4 of 6 PageID 4439€ 4 Brian Scott Ellis 8: 17 - cr - 501 - T - 30CPT 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. ا م م) 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, 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. 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. 02 / 18) Judgment in a Criminal PageID 4449 Brian Scott Ellis 8: 17 - cr - 501 - T - 30CPT ADDITIONAL CONDITIONS OF SUPERVISED RELEASE The defendant shall participate in a mental health program specializing in sex offender treatment and submit to polygraph testing for treatment and monitoring purposes. 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. 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. ni 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 I 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. 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 is prohibited from possessing, subscribing to, or viewing, any images, video, magazines, literature, or other materials depicting children in the nude and / or in sexually explicit positions. Without prior written approval of the probation officer, you are 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 of connecting to an online service or an internet service provider. This prohibition includes a computer at a public library, an internet cafe, your place of employment, or an educational facility. Also, you are prohibited from possessing an electronic data storage medium (including a flash drive, a compact disk, and a floppy disk) or using any data encryption technique or program. If approved to possess or use a device, you 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 necessary to ensure compliance with this condition. If this condition might affect a third party, including your employer, you must inform the third party of this restriction, including the computer inspection provision. 7. 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. 8. The defendant shall cooperate in the collection of DNA, as directed by the Probation Officer. AO 245B (Rev. 02 / 18) Judgment in a Criminal PageID 44590 ore Brian Scott Ellis 8: 17 - cr - 501 - T - 30CPT 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 $ 200. 00 $ 5, 000. 00 Waived $ 82, 600. 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 Total Loss " Restitution Ordered $ 82, 600. 00 $ 82, 600. 00 Please contactU.S. Attorney's Office for victim information (813) 274 - 6000 SCHEDULE OF PAYMENTS While in the Bureau of Prisons custody, the defendant shall either (1) pay at least $ 25 quarterly if the defendant has a non Unicor job or (2) pay at least 50 % of his monthly earnings if the defendant has a Unicor job. Upon release from custody, the defendant shall make monthly payments of no less than $ 400. 00 and this payment schedule shall continue until such time as the Court is notified by the defendant, the victim or the government that there has been a material change in his ability to pay Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be 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, unless otherwise directed by the court, the probation officer, or the United States attorney. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. 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. FORFEITURE Defendant shall forfeit to the United States those assets previously identified in the Preliminary Order of Forfeiture, attached hereto, that are subject to forfeiture. * 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. 02 / 18) Judgment in a Criminal Case PageID 446 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA Case No. 8: 17 - cr - 501 - T - 30CPT BRIAN SCOTT ELLIS PRELIMINARY ORDER OF FORFEITURE THIS CAUSE comes before the Court upon the United States of America's Motion for a Preliminary Order of Forfeiture for the following: 1. A Google Pixel cell phone, model G - 2PW2100; 2. A Motorola Droid, model XT1080 cell phone; A 32 GB SanDisk external - storage device; Threc 64 GB SanDisk external storage devices; 5. A Dell Inspiron desktop computer; and An 8 GB Centron Data Stick Pro external - storage device. 6. Being fully advised of the relevant facts, the Court hereby finds that the assets identified above either contained child pornography or were used to commit and promote the possession and attempted production of child pornography, to which the defendant pled guilty. Accordingly, it is hercby: PageID 447 ORDERED, ADJUDGED, and DECREED that for good cause shown, the United States ' motion is GRANTED. It is FURTHER ORDERED that, pursuant to 18U.S. C. 8 2253, and Rule 32. 2 (b) (2) of the Federal Rules of Criminal Procedure, the assets identified above are hereby forfeited to the United States for disposition according to law. It is FURTHER ORDERED that, upon entry, this order shall become a final order of forfeiture as to the defendant. The Court retains jurisdiction to address any third party claim that may be asserted in these proceedings, and to enter any further order necessary for the forfeiture and disposition of such property. DONE and ORDERED in Tampa, Florida, this gth day of June, 2018. Samu a mechipa J. A. MES S. VOODY. JR. I ' NITED STATES DISTRICT JUDGE Copies to: Suzanne C. Nebesky, AUSA Counsel of Record