USA v. Rice
Criminal

JUDGMENT as to deft Robert J. Rice: Indictment Count 2 - Imprisonment X 142 months w/ adjustment & BOP rec re: confinement; $100 spec assess; $5000 fine int waived & payable w/in 30 days of jdgmt; SR X 10 years; stand COR; add 1 - MH eval & complete tx if rec; add 2 - DNA sampling; add 3 - comply w/ MDPA Comp Monitoring/Filtering Participant Agmt; add 4 - comply w/ SORNA; add 5 - participate in sex offender tx program; add 6 - submit to USP searches w/ failure to comply poss grounds for SR rev; drug testing req'mt suspended; Indictment Count 1 - DISMISSED (prev). (See jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 12/28/16.

Middle District of Pennsylvania, pamd-1:2014-cr-00119-98706

Current View

Full Text

AO 245B (Rev.) Judgment in a Criminal Case Sheet 1 UNITED STATES DISTRICT COURT Middle District __________ of Pennsylvania District of __________) UNITED STATES OF AMERICA) JUDGMENT IN A CRIMINAL CASE v.) ROBERT J. RICE)) Case Number: 1:14-CR-0119-01) USM Number: 72163-067)) Peter Goldberger, Esquire) Defendant's Attorney THE DEFENDANT: G pleaded guilty to count(s) G pleaded nolo contendere to count(s) which was accepted by the court. ✔ was found guilty on count(s) G 2 of the Indictment after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title & Section Nature of Offense Offense Ended Count 18:2252A(a)(2) Receipt & Distribution of Child Pornography 1/28/2013 2 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. G The defendant has been found not guilty on count(s) ✔ Count(s) G 1 of the Indictment ✔ is G Gare dismissed on the motion of the 'HIHQGDQW. 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 must notify the court and United States attorney of material changes in economic circumstances. 12/28/2016 Date of Imposition of Judgment /S/ Christopher C. Conner Signature of Judge CHRISTOPHER C. CONNER, CHIEF JUDGE, USDC MDPA Name and Title of Judge 12/28/2016 Date AO 245B (Rev.) Judgment in Criminal Case Sheet 2 — Imprisonment Judgment — Page 2 of 6 DEFENDANT: ROBERT J. RICE CASE NUMBER: 1:14-CR-0119-01 IMPRISONMENT The defendant is hereby committed to the custody of the)HGHUDO Bureau of Prisons to be imprisoned for a total term of: One Hundred Forty-Two (142) Months. Said sentence reflects a 2 month adjustment to account for the 2 months of imprisonment the defendant has served on his military sentence which is relevant conduct to the instant federal matter. G ✔ The court makes the following recommendations to the Bureau of Prisons: The Court recommends to the Bureau of Prisons that Midwest Joint Regional Correctional Facility, Fort Leavenworth, Kansas, or an other facility to which the defendant may be transferred, to be the place of confinement, thereby making this sentence concurrent with the defendant's military sentence. The Court further recommends that, after the defendant completes service of his military sentence, the Bureau of Prisons designate a low security sex-offender management facility nearest his family as the place of confinement. G ✔ The defendant is remanded to the custody of the United States Marshal. G The defendant shall surrender to the United States Marshal for this district: G at G a.m. G p.m. on. G as notified by the United States Marshal. G The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: G before 2 p.m. on. G as notified by the United States Marshal. G as notified by the Probation or Pretrial Services Office. RETURN I have executed this judgment as follows: Defendant delivered on to a, with a certified copy of this judgment. UNITED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL AO 245B (Rev.) Judgment in a Criminal Case Sheet 3 — Supervised Release Judgment—Page 3 of 6 DEFENDANT: ROBERT J. RICE CASE NUMBER: 1:14-CR-0119-01 SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of: Ten (10) Years. (See Page 4 for additional conditions of supervised release.) 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 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. ✔ The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of G future substance abuse. (Check, if applicable.) ✔ The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. G (Check, if applicable.) G ✔ The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) ✔ The G defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check, if applicable.) G 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 the defendant shall not leave the judicial district without the permission of the court or probation officer; the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 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; inistered; 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; the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 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 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. WKH GHIHQGDQW VKDOO QRWLI\ WKH FRXUW RI DQ\ PDWHULDO FKDQJH LQ WKH GHIHQGDQW V HFRQRPLF FLUFXPVWDQFHV WKDW PLJKW DIIHFW WKH GHIHQGDQW V DELOLW\ WR SD\ UHVWLWXWLRQ ILQHV RU VSHFLDO DVVHVVPHQWV AO 245B (Rev.) Judgment in a Criminal Case Sheet 3A — Supervised Release Judgment—Page 4 of 6 DEFENDANT: ROBERT J. RICE CASE NUMBER: 1:14-CR-0119-01 ADDITIONAL SUPERVISED RELEASE TERMS 1. The defendant shall undergo a mental health evaluation and, if recommended, the defendant shall satisfactorily complete a program of outpatient or inpatient mental health treatment. 2. The defendant shall cooperate in the collection of a DNA sample as directed by the probation officer, unless a sample was collected during imprisonment. 3. The defendant shall comply with the terms and conditions set forth in the Computer Monitoring/Filtering Participant Agreement for the Middle District of Pennsylvania, and shall pay the costs of the computer monitoring/filtering program, not to exceed the monthly contractual rate, in accordance with the probation officer's instructions. 4. The defendant shall comply with the registration requirements of the sex offender registration agency in any state where he resides, is employed, carries on a vocation, or is a student, and shall comply with all other requirements of the Sex Offender Registration and Notification Act. 5. The defendant shall participate, at the defendant's expense, in a sex offender treatment program, which may include risk assessment testing, counseling, and therapeutic polygraph examinations, and shall comply with all requirements of the treatment provider. The treatment is to be conducted by a therapist approved by the probation officer. 6. The defendant shall submit his person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. Section 1030(e)(1)), other electronic communications or data storage devices or media, or office, to a search conducted by the United States probation officer. Failure to submit to a search may be grounds for revocation of release. The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition. AO 245B (Rev.) Judgment in a Criminal Case Sheet 5 — Criminal Monetary Penalties Judgment — Page 5 of 6 DEFENDANT: ROBERT J. RICE CASE NUMBER: 1:14-CR-0119-01 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 $ 5,000.00 $ 0.00 G The determination of restitution is deferred until. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. G 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(i), all nonfederal victims must be paid before the United States is paid. Name of Payee Total Loss* Restitution Ordered Priority or Percentage TOTALS $ 0.00 $ 0.00 G Restitution amount ordered pursuant to plea agreement $ G 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). G ✔ The court determined that the defendant does not have the ability to pay interest and it is ordered that: G ✔ the interest requirement is waived for the G ✔ fine G restitution. G the interest requirement for the G fine G restitution is modified as follows: * 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.) Judgment in a Criminal Case Sheet 6 — Schedule of Payments Judgment — Page 6 of 6 DEFENDANT: ROBERT J. RICE CASE NUMBER: 1:14-CR-0119-01 SCHEDULE OF PAYMENTS Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows: A G ✔ Lump sum payment of $ 100.00 due immediately, balance due G not later than, or G ✔ in accordance G C, G D, G E, or G ✔ F below; or B G Payment to begin immediately (may