Case DocUment 4 Filed 08/19/15 Page 6 of 27 PageID 20 Constitution guarantees the right to be considered for release until triall; and if found guilty of the charge(s), the right to appeal the conviction on such charge(s) to a higher court. The Defendant understands that if the Court accepts this plea of guilty, the Defendant waives all of these rights. i 7 Part 3: Sentence of Imprisonment 9. Sentencing Recommendation Pursuant to Federal Rule of - Criminal Procedure 1 The parties have not agreed upon a speci?c sentence. The parties reserve'the right to. present evidence and arguments concerning what they believe to be the appropriate sentence in this matter. A. Government?s Recommendation: The Government has agreed not to ask for a sentence greater than 151months of imprisonment. B. Defendant?s Recommendation: The Defendant has agreed no; to ask fora sentence below 60 months of imprisonment. C. Length of Supervised Release: Each party may present evidence I and arguments concerning the length of the period of supervised release to follow the term _ofiimprisonment. The parties understand that this period of supervised release may be ordered for-a period of at least ?ve (5) years and of up to the life of the Defendant._ Each party may present evidence and arguments for a speci?c period of supervised release in this range. l0. Conditions of Supervised Release: The parties understand and agree that the Court will determine which standard and special conditions of - I 118 U.S.C. 3141?3156, Release and Detention Pending Judicial Proceedings. Case Document 4 Filed 08/19/15 Page 7 of 27 PageID 21 supervised release to apply in this case. The parties reserve the right to present evidence and arguments concerning these conditions. Hovvever, to assist the Court, the parties have carefully considered the factors listed in 18 U.S.C. 3553 and jointly recommend that the Court impose the special conditions of supervised release set forth below, in addition to any other standard and special conditions which the Court deems appropriate in this I case. 1 1. Pornography Prohibition: The Defendant shall not possess any obscene material, child pornography, child erotica, or nude images of minors. Any such material found in the Defendant's possession shall be considered contraband and may be con?sCated by the probation of?cer. The parties agree that possessing such material would be detrimental to the Defendant?s ability to avoid committing child pornography or related sex crimes in the future. The parties also. make this recommendation based upon their knowledge of his history and the criminal conduct in this case. 12. Sexual Disorders Treatment:- The Defendant shall participate in a program of treatmentfor sexual disorders, including periodic polygraph examinations, as directed by the probation of?cer. The Court should authorize the release of the Presentence Investigation Report and available evaluations to the mental health provider, as approved by the probation of?cer. The parties agree that such treatment would be bene?cial to the Defendant and help him to avoid committing child pornography crimes or related sex crimes in Case Document 4 Filed 08/19/15 Page '8 of 27 PageID 22 A the future. The parties also make this recommendation based upon their knowledge of his history and the criminal conduct in this case. 13. I No Unsupervised Meetings or Communications with Minors: The Defendant shall not have any unsupervised meeting-s, non-incidental communications, activities, or visits with any minor, unless they have been disclosed to and approved by the probation of?cer. In to approve such activities involving members of the Defendant's family, the probation of?cer shall determine if the Defendant has noti?ed the persons having custody of any such minors about the conviction in this case and the fact that the Defendant is under supervision. If this noti?cation has been made, and if the person having custody consents to these activities, then this Condition isnot intended to prevent approval of the activity. The parties agree - that this condition is appropriate based upon the Defendant?s history and criminal conduct in this case. This condition is also intended to protect the public. 14. Activity Restriction: The Defendant shall not be employed inany positon, or participate as a volunteer in anyactivity, that involves. unsupervised meetings, non?incidental communications, activities, or Visits with minors except as disclosed to the Probation Of?cer and approved by the Court. The parties agree that this condition is appropriate based upon the Defendant?s history and offending in this case. This condition is also intended to protect the public. Case Document 4 Filed 08/19/15 Page 9 of 27 PageID 23 15. Sex Offender Registration: The Defendant shall register as a sex offender withthe appropriate authorities of any state in which the Defendant resides, is employed, or attend-s schoolas required by both federal and state I law, pursuant to. 18 U.S.C. 3583(d) and the Sex Offender Registration and Noti?cation Act (SORNA) at 42 U.S.C. ?16913, et seq. The parties agree that this condition is appropriatebased upon the Defendant?s history and offending in this case. It is also required by sex offender registration laws. 16. Consent to Searches: The Defendant shall submit to the search by the probation of?cer of his person, vehicle, of?ce business, residence, and property, including any computer syStems, telephones and Internet enabled devices, Whenever the probation of?cer has a reasonable suspicion that a violation of a condition of supervision Or other unlavvful conduct may have occurred or be underway involving the Defendant. Other law enforcement may assist as necessary. The Defendant shall submit to the seizure of contraband found by the probation of?cer; The Defendant shall warn other occupants the premises may be subject to searches. The parties agree that this condition is appropriate based upon the Defendant?s? history and criminal conduct in this case. This condition is also intended to protect the public and reduce the chance the Defendant Will commit future crimes._ 17. - Computer Monitoring: The Defendant'sha'll consent-at the direction of the probation of?cer, to having installed on the Defendant?s computers, telephones, electronic devices, and hardware or software, systems to monitor his use of these items. ?Monitoring will occur on a random Case Document 4 Filed 08/19/15 Page 10 of 27 PageID 24 and or regular basis. The Defendant will warn other occupants or users of the existence of the monitoring hardware or software. To promote the effectiveness of this monitoring, the Defendant shall disclose in advance of any use of all cellular phones, electronic devices, computers, and any hardware to the- probation of?cer and may not access or use any undisclosed equipment. The - parties agree that this condition is appropriate based upon the Defendant?s . history and criminal conduct in this case. This condition is also intended to protect the public and reduce the chance the Defendant will commit future crimes. A 18. DNA Sample: The Defendant shall provide a DNA sample as directed by the probation of?cer. The parties agree that this condition is required by federal law and is appropriate based upon-the Defendant?s history 7 and offending in. this case. This condition is also intended to protect the public" and'reduce the chance the Defendant will commit filture crimes. -19. Modi?cation of Conditions: - The parties understand and agree that the facts and circumstances of this case, including the Defendant?s history, show that these terms. should, last for the entire term of supervised release. However, the parties understand that the Defendant may petition the Court to modify these conditions as described in 18 37583, and the ?nal decision to modify such terms would lie with the Court. 20. No Appeal of Supervised Release Tenn and Conditions: As discussed in greater detail below, the parties? reservation of the rights to present evidence and arguments to the Court concerning the length and 10