Case Document 211 Filed 06/13/17 Page 1 of 8 A024SB - (Rev. 11/16) Judgment in a Criminal Case Sheet 1 UNITED STATES DISTRICT COURT Western District of Washington UNITED STATES OF AMERICA 1 JUDGNIEN IN A CRIMINAL CASE v. DAVID W. Case Number: 3: 16CR051 USM Number: 47656-086 Colin Fieman Defendant?s Attorney THE DEFENDANT: . El pleaded guilty to count(s) El pleaded nolo contendere to count(s) I which was accepted by the court. was found guilty on count(s) 2 of the Superseding Indictment Bench Trial Verdict: 03/ 15/2017 after a plea of not guilty. The defendant is adjudicated guilty of these offenses: I Title Section Nature of Offense Offense Ended Count 18 U.S.C. and Possession of Child Pornography 7 7 02/11/2016 2 The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. CI The defendant has been found not guilty on count(s) Count(s) CI is El 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 ?nes, 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 matefaial changes In e02 mic ?1?ng Assistant United tates Attorney June 13,2017 1, S?mture Mudge I Robert J. Bryan, Unit States District udge Date Case Document 211 Filed 06/13/17 Page 2 of 8 A0245B (Rev. 1 1/ 16) Judgment in a Criminal Case _Sheet 2 ?_Impn'son1nent .. Judgment Page 2 of 8 DEFENDANT: DAVID W. TIPPENS CASE NUMBER: IORJB-OOI IMPRISONMENT . The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 6 months El The court makes the following recommendations to the Bureau of Prisons: The defendant is remanded to the custody of the United States Marshal. El The defendant shall surrender to the United States Marshal for this districtasnoti?ed by the United States Marshal. The defendant shall surrender for service of sentence at the institution designated by the-Bureau of Prisons: Cl before 2 pm. on El as noti?ed by the United States Marshal. as noti?ed by the Probation or Pretrial Services Of?ce. . RETURN I have executed this judgment as follows: Defendant delivered on to at with a certi?ed copy of this judgment. UNITED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL Case Document 211 Filed 06/13/17 Page 3 of 8 A0245B (Rev. 11/16) Judgment in a Criminal Case Sheet Superyispd Release .- Judgmeiif-w Page 3 of 8 4 DEFENDANT: DAVID W. TIPPENS CASE NUMBER: 3: 16CR051 SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of 10 years - MANDATORY CONDITIONS You must not commit another federal, state or local crime. You must not unlawfully possess a controlled substance. 3. You must refrain from any unlawful use of a controlled substance. You must submit to one dru test within 15 days of release from 1mprisonment and at least two periodic drug tests thereafter, as determined by court. The above drug testing condition is suspended, based on the court?s determination that you pose a low risk of future substance abuse. (check ifapplicable) - You must cooperate in the collection of DNA as directed by the probation of?cer. (check yapplicable) You must comply with the requirements of the Sex Offender Registration and Noti?cation Act (42 U.S.C. . 16901, et seq.) as directed by the probation officer, the Bureau of Prlsons, _or any state sex offender registratlon agency in which you reside, work, are a student, or were of a quallfying offense. (checszapplicable) 6. El You must participate in an approved program for domestic violence. (check if applicable) You must com 1y with the standard conditions that have been adopted by this court as well as with any additional conditions ont attached pages. Min- LII KI Case Document 211 Filed 06/13/17 Page 4 Of 8 A0245B (Rev. 11/16) Judgment in a Criminal Case Sheet 3A upervised Release Judgment Page 4 of 8 DEFENDANT: DAVID w. TIPPENS CASE NUMBER: 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 behav1or while on superv151on and identify the minimum too needed by probation of?cers to keep informed, report to the court about, and bring about improvements in your conduct and condition. 1. You must report to the probation of?ce in the federal Judicial district where you are authorized to reside within 7 2' hours of your release from 1m risonment, unless the probation of?cer instructs you tO report to a different probation of?ce or within a different time ame. - - 2. After initially reporting to the probation of?ce, you will receive instructions from the court or the probation Of?cer about how and when you must report to the probation Of?cer, and you must report to the probation Of?cer as instructed. 3. You must not knowingly leave the federal judicial district where you are authorized tO reside without ?rst getting permissmn from the court. or the probation of?cer. 4. You must answer truthfully the questions asked by your probation Of?cer. 5. You must live at a place approved by the probation of?cer. If you plan to change where i:Pjou live or anything about your living arrangements such as the peo le you live with), you must notify the pro anon 0 met at least 10 days before the change. Ifnoti 'ng robation in advance is not ossible due to unant1c1 ated Circumstances, you must notify the probation ?cer wit in 72 hours of becoming aware 01p a change or expected ange. 6. You must allow the probation of?cer to Visit you at any time at your home or elsewhere, and you must permit the . probation Of?cer to take any items prohibited by the conditions of your that he or She observes in plain View. 7. You must work full time (at least 30 hours per week) at a lawful type Of employment, unless the probation of?cer excuses you from doing so. If you do not have full-time employment you must try to ?nd full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anythui about your work . (such as lyour position or your job res onsibilities), you must notify probation Of?cer at leastl days before the change. notifying the probation of cer at least 10 days in advance is not OSSible due tO unantICipated Circumstances, you must notify the probation Of?cer within 72? hours of becoming aware a change or expected change. 8. 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 ?rst getting the permISSion of the probation of?cer. 9. Ifyou are arrested or questioned by a law enforcement Of?cer, you must notify the probation officer within 72 hours. 10. You must not own, possess, or have access to a ?rearm, ammunition, destructive device, or dangerous weapon anything that was deSIgned, or was modi?ed for, the speci?c purpose of causmg bodily injury or death to another person such as nunchakus or tasers). - 11. You must not act or make any a cement with a law enforcement agency to act as a con?dential human source or - 1nforrnantw1thOut ?rst getting permiSSIOn of the court. 12. If the probation of?cer determines that you pose a risk to another person (including an organization), the probation 4 of?cer may require you to notify the person about the risk and ?you must comply With that instruction. The probation Of?cer may contact the person and con?rm that you have noti ed the person about the risk. 13. You must follow the instructions of the probation Of?cer related to the conditions Of supervision. U.S. Probation Of?ce Use Only A US. probation Of?cerhas instructed me on the conditions Speci?ed by the court and has provided me with a written copy of this Judgment containing these conditions. For further information regarding these conditions, see Overwew of Probation and Supervised Release Conditions, available at gov. Defendant?s Signature Date Case Document 211 Filed 06/13/17 Page 5 of 8 A0245B (Rev. 1 1/ 16) Judgment in a Criminal Case Sheet 3D Supervised . Judgment Page 5 of 8 DEFENDANT: DAVID W. TIPPENS CASE NUMBER: 3 16CR051 SPECIAL CONDITIONS OF SUPERVISION 1. The defendant shall submit his or her person, property, house, residence, storage unit, vehicle, papers, computers (as de?ned in 18 U.S.C. other electronic communications or data storage devices or media, or of?ce, to a search conducted by a United States probation Of?cer, at a reasonable time and in a . reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of supervision. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition. 2. The defendant, who is required to register under the Sex Offender Registration and NOti?cation Act, must comply'with all requirements of that Act. The defendant shall report the address Where the defendant will reside and any subsequent change Of residence to the probation of?cer responsible for supervision, and ,shall register as a sex offender in any jurisdiction where the person resides, is employed, or is a student. For initial registration purposes only, the defendant shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of the residence. Registration must occur within three business days after sentencing if the defendant is sentenced to probation or time served, or a term of imprisonment and is not remanded. If the defendant is remanded, registration must occur within three business days of release. 3. Restitul -: BDisdueimmediately. Anyunpaidamounti .e e- n. .- of supervision in monthl gross household income. Jute est on the restltution shall be waived. 4. The defendant shall not possess or peruse any authentic, altered, or manufactured, in whatever form, material that depicts and/or describes ?sexually explicit conduct,? as de?ned in 18 U.S.C. 2256(2) or ?child pornography,? as de?ned in 18 U.S.C. 2256(8). 5. The defendant shall have no direct or indirect contact with any children under the age of 18, unless accompanied and supervised by an adult, who has been approved in advance by the sexual deviancy therapist and the supervising probation officer. The defendant shall immediatelye eport any unauthorized contact tote robation f?cer and sexual deviancy therapist. ?94' 14-11 silk"! 1 In ?H?l IP24 ?ikiS (on ton L'ni an awe 0715097th ?(It Lem-kc'i' north 7?1 6. The defendant?s residence shall be pre- -appr(52ed by the probation of?ce. The defendant shall not reside 1n 1 direct view of places used primarily by minors, such as school yards, parks, public swimming pool,s or recreational centers, playgrounds, youth, centers, Video arcade facilities, or other places primarily used by children under the age of 18. L7: 7. The defendant?s employment must be approved in advance by the prObation Of?cer. The defendant may not engage in any paid occupation or volunteer service that exposes him/her, either directly or indirectly, to minors, unless approved in advance by the probation of?cer. 8.. The defendant shall not go to places nor loiter within 100 feet of an area where minors are known to frequent without the prior approval of the probation of?cer and the sexual deviancy therapist. The defendant shall not af?liate with, own, control, volunteer, and/or be employed, in any capacity, by an organization in an activity, which would place him/her 1n direct or indirect contact with children under the age of 18. Case Document 211 Filed 06/13/17 Page 6 of 8 A0245B (Rev. 11/16) Judgment in a Criminal Case Judgment Page 6 of 8 DEFENDANT: DAVID W. TIPPENS CASE NUMBER: 3: 16CR05 1 10. 11. 13. 14. The defendant shall participate in a sexual deviancy evaluation conducted by a sexual deviancy treatment provider, as directed and approved by the US. Probation Of?cer. The treatment provider shall be trained and experienced in the treatment of sexual deviancy, and follow the guideline practices established by the Association for the Treatment of Sexual Abusers (ATSA). The sexual deviancy evaluation may include and physiological testing. The defendant shall disclose all previous sex offender or mental health evaluations to the treatment provider. The defendant shall also contribute to the costs of the evaluation, according to his/her ability, as determined by the US. Probation Of?cer. The defendant shall actively participate and make reasonable progress in a certi?ed sexual deviancy treatment program, as designated by the U. S. Probation Of?cer. The sexual deviancy treatment program shall follow the guideline practices established by the Association for the Treatment of Sexual Abusers (ATSA). The program shall offer ind1vidua1 and group sessions, and appropriate testing, to determine the defendant?s patterns of sexual arousal, and to monitor the defendant?s progress and compliance with treatment goals and conditions of supervision. The defendant shall disclose all previous sex offender or mental health evaluations to the treatment provider. The defendant shall also contribute to the costs of treatment, according to his/her ability, as determined by the U. S. Probation Of?cer. 7 The defendant shall follow all rules, to include other lifestyle restrictions by the defendant?s therapist, and continue with those rules and restrictions as they pertain to avoiding risk sitUations throughout the course of the defendant?s supervision. a: -1. -- reuired __ubmit to periodic of?ce as a means 0'0' - A: . reuirements of his or her supervision or tr-. . ogram_. I The defendant shall consent to the US. Probation Of?ce conducting ongoing monitoring of his/her computer(s), hardware, and software, and any/and all electronic devices/media. The monitoring may include the installation, at the defendant?s expense, of hardware or software systems which allow evaluation of his/her computer use. Monitoring may also include the retrieval and copying of all data from his/her computer(s) or any/and all other electronic devices/media. The defendant shall also comply with the requirements of the US. Probation Computer Monitoring Program as directed. The defendant shall provide the probation of?cer with access to any requested ?nancial information including authorization to conduct credit checks and obtain copies of the defendant's federal income tax returns. Case DoCument 211 Filed 06/13/17 Page 7 of 8 A0245B (Rev. 11/16) Judgment in a Criminal Case - Sheet 5 Criminal Monetary Penalties Judgment Page 7 of 8 DEFENDANT: DAVID W. TIPPENS CASE NUMBER: CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment I A Assessment? 7 Fine Restitution TOTALS 100 I None - Waived 55 TBD The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (A0 245C) will be entered after such determination. CI 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 speci?ed otherwise 1n 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 3 0.00 0.00 Restitution amount ordered pursuant to plea agreement 53 CI The defendant must pay interest on restitution and a ?ne of more than $2,500, unless the restitution or ?ne is paid in full before the ?fteenth day after the date of the judgment, pursuant to 18 U.S.C. 3612(1). 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). 1:1 The court determined that the defendant does not have the ability to pay interest and it is ordered that: 1:1 the. interest requirement is waived for the El ?ne El restitution El the interest requirement for the El ?ne El restitution is modi?ed as follows: The court ?nds the defendant lS ?nancially unable and 1s unlikely to become able to pay a ?ne and, accordingly, the imposition of a ?ne is waived. Justice for Victims of Traf?cking 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. Case. Document 211 Filed 06/13/17 Page 8 of 8 A0245B (Rev. 11/16) Judgment in a Criminal Case Sheet 6 Schedule of Payments Judgment Page 8 of 8 DEFENDANT: DAVID W. TIPPENS CASE NUMBER: 3: 16CR051 IORJB-001 SCHEDULE OF PAYMENTS Having assessed the defendant?s ability to pay, payment of the total criminal monetary penalties is due as follows: PAYMENT IS DUE Any unpaid amount shall be paid to Clerk?s Of?ce, United States District Court, 700 Stewart Street, Seattle, WA 98101. During the period of imprisonment, no less than 25% of their inmate gross or $25.00 per quarter, whichever is greater, to be collected and disbursed in accordance with the Inmate FinancialResponsibrlity Program. During the period of supervised release, in installments amounting to not less than 10% of the defendant's gross household income, to commence 30 days after release from imprisonment. CI During the period of probation, in installments amounting to not less than 10% of the defendant's gross household income, to commence 30 days after the date of this judgment. The payment schedule above is the minimum amount that the defendant is expected to pay towards the monetary penalties imposed by the Court. The defendant shall pay more than the amount established whenever possible. The defendant must notify the Court, the United States Probation Office, and the United States Attorney's Of?ce of any material change in the defendant's ?nancial circumstances that might affect the ability to pay restitution. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary, . penalties is 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 United States District Court, Western District of Washington. For restitution payments, the Clerk of the Court is to forward money received to the party(ies) designated to receive restitution speci?ed on the Criminal Monetaries (Sheet 5) page. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. El 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. - The defendant shall pay the cost of prosecution. The defendant shall pay the following court cost(s): The defendant shall forfeit the defendant?s interest in the following property to the United States: See Preliminary Order of Forfeiture (Dkt 202), incorporated herein by reference. Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) ?neprincipal, (5) ?ne interest, (6) community restitution, (7) JV TA Assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.