Case 3: 18- c?r- ?30004 RAL Document 2 Filed 01/17/18 Page 1 Of 2 PagelD 3 FEED UNITED STATES DISTRICT COURT 7 2018 DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION UNITED STATES OF AMERICA, CR lg" 30g0 Plaintiff, - REDACTED INDICTMENT v. RECEIPT AND DISTRIBUTION OF IMAGES DEPICTING THE SEXUAL DAVID FOSTER, EXPLOITATION OF MINORS and" POSSESSION OF CHILD Defendant. PORNOGRAPHY 18 U.S.C. 2252(b)(1), 2256(1), 2252A(b) (2), and 2256(8!) The Grand Jury charges: .. I I COUNTI On or about between the 5th day of October, 2016, and the 4th day of May, 2017, in the District of South Dakota, and elsewhere, David Foster did knowingly receive and distribute any visual depiction using a means and facility of interstate and foreign commerce, to?wit, the internet, which depiction had been transported in interstate and foreign commerce by any means, including by computer, and?the visual depiction involved the use of a minor engaging in sexually expliCit conduct and which depiction 'was of such conduct, and attempted tondo so, in violation of 18 U.S.C. 2252(a)(2), 2252(b)(1), 2256(1), Case Document 2 Filed 01/17/18 Page 2 0f 2 PageID 4 COUNT II On or about between the 5th day of October, 2016, and the 4th day of May, 2017,. in. the District of South Dakota, and elsethre, David. Foster did and access with intent- to view computer ?les that c?antained an image? of '..c-hi1d.l_ pornography, involving a Child that had not obtained the age of 112: years, that had been mailed and .shippgd and 'tranqurted in; "interstate and mei'gn cam-Bree by any means, including by'compmer, and were . pmducad using:- material that had been mailed and r-shipped and transported in intarstate and fareign gamma-ce- by any means, including by computer,- and. attempted to: da so, in violation of- 18 US 22521949.) (531(3); and 22561} ATRUE ILL . NAME EDACTE Farepeztson RONALD JR Umted S?a?tes .?ttormy Case Document 5 Filed 01/17/18 Page 1 Of 1 PagelD 9 UNITED STATES DISTRICT COURT FILED DISTRICT OF SOUTH DAKOTA JAN 1 7 201% CENTRAL DIVISION UNITED STATES OF AMERICA, CR )5'3?030/ Plaintiff, . ORDER REGARDING EX PARTE vs. MOTION TO SEAL CASE DAVID FOSTER, Defendant. Upon review .Of the motion Of the United States and good cause having been shown, it is hereby . ORDERED, pursuant to Federal Rule of Criminal Procedure 6(2) (4), that the case in the above-entitled matter be sealed until such time as the defendant charged herein is brought before this or any other court Of competent jurisdiction for initial appearance upon said Indictment, or until it is otherwise ordered. unsealed. IT IS FURTHER ORDERED that this Order and the United States?Motion to Seal are sealed until?the case is unsealed by operation of the defendant?s initial appearance or otherwise ordered unsealed. - Dated this i day Of January, 2018. BY THE COURT: MARK A. MORENO I United States Magistrate Judge Case Document 44 FiIed 04/29/19 Page 1 of 12 PagelD 81 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION UNITED STATES OF AMERICA, CR 18-30004 Plaintiff, PLEA AGREEMENT DAVID meme;- 1 Defea?ant- The Defendant, the Defeildant's attorney, and the Umted States Attorney I for the of South Dakota hereby submit the followmg Plea Agreement to the Umted States District Court which Agreement Was; reaehed pursuant to between the..Un1ted States Attorney and the Defendant?s attorney The Agreement 18 as follows ACKNOWLEDGMENT AND WAIVER or RIGHTS AND I I UNDERSTANDING OF MAXIMUM PENALTIES. The Defendant agrees that he I. has been fully advised (if his statutory and hereln, and that; I I he has been informed of the charges and allegatmns agamst and the penalty: therefor, and that he understands the same The Defendant further agrees that I. he understands that by entering a plea of gu?ty as set forth hereafter, he will be Case Document 44 Filed 04/29/19 Page 2 of 12 PagelD 82 waiving certain statutory and censtitutional rights to which he is otherwise entitled. s. PLEA AGREEMENT PROCEDURE NO RIGHT To WITHDRAW RLEA IF COURT REJECTS RECOMMENDATIOR: The United States and. the I Defendant agree that this Plea Agreement 18 presented to the Court pursuant to Rules and (B) of the Federal Rules of Crimizial Procedure, which 13am ong other thingsle authOrize the United States to mate for dism1ssal of other 3 .- .- and to make recommendations or agree not to oppose H1e Defendant for a particular sentence Such agreements and recommendations are I on the Court and the Defendant may I10t 111$ P133- 0f guilty the Gaul-t them PLEA or GUILTY To CHARGE AND DISMISSAL 01- OTHER -- - {this case which charges Possession of Pornography 1n Violation of 1S 22252A(a) I minimum term of 5 years Up to life of supemsed release If the Defendant is 1' I I found by a preponderance of the ewdence to have ?elated 'a 00115113011 Of I I. (sexual abuse) 110 (sexual explortation of oh?dren), or 117 (transport for illegal i I I '1 "7 sexual aetmty), or Section 1201 (kidnaptng) or 1591 (Sex trafficking of ohildren 7 I The Defendant W111 plead guilty to Count II of the ?led in 2252A(b)(2) and 2256(8) The charge carnes a mammum Case Document 44 Filed 04/29/19 Page 3 of 12 PagelD 83 or by force, fraud, or coercion) of Title 18, he may be sentenced to a. term of imprisonment of not less than 5 years up to life upon each revocation. For all other'violations, the Defendant may be incarcerated for an additional term of up l. to 3 years__ upon eachirevocation. There is a $100 assessment to the Victims? AsSistazice Fund, There is also a 000 aese'ssment to thedomestic traf?cking - v1ct1ms _fund, unless the sentencmg court ?nds the Defendant to be 1nd1gent I Restltution must also be ordered." this sectton shall be treated as a motion to the remammg (10th in the Indictment as it pertains to the Defendant pursuant to the terms of time plea agreement acknowledges and understands that if he wolates the terms of this plea United States'and the-z-Defendant will face the following consequences (1-). All testimony and other inforirzation the Defendant has provided at '1 any time to attorneys, employees, or 1aw enforcement of?cers of the United: . States, to the Court, or to the federal grand Jury may and W?l be used agamst him In any prosecution or proceeding VIOLATION OF TERMS AND The Defendant agreement engages in: any further. criminal act1v1ty, or falls to appear for sentencmg, this plea agreement shall become vozdable at the discretion of the I. I Case Document 44 Filed 04/29/19 Page 4 of 12 PagelD 84 (2) The United States will be entitled to reinstate previously dismissed charges and/ or pursue additional charges against the Defendant, and. to use any infOt?thation obtained directly er indirectly from him in these additional proschtions. 1(3) The United States will be released from any obligations, agreements, 1.114111112110113 miposed upon it under this plea agreement I ACCEPTANCE or RESPONSIBILITY The United States agrees that I I based 1113011 the informahcn known to 11: at the tune the Defendant 1s ent1tled te Ta harmlevel decrease 111 his offense level pursuant ewdence 1s msclosed 1n the presentence report Which 1nd1cates the Defendant I. not demonstrated a recognltion and af?rmative acceptance oi personal I . - 3 for he cnmmal conduct and further he: (lI cowl-51133 w1thi I the terms of this plea agreement (2) tesu?es truthfully during the change of plea I Part1c1pates truthfully With the Probatlen Office in the presentence I'ii" (4) does not wolate any Conditions of Pretnal detention or- release '3 :-_after he s1gns th1s agreement and (5) continues to exh1b1t conduct canalstent' II 'vii'w1th acceptance cf respona1b111137 Beth the United States and the Defendant I - othemse reserve the ?ght to present emdence and make argument Case Document 44 Filed 04/29/19 Page 5 of 12 PagelD 85 F. TIMELY ACCEPTANCE OF RESPONSIBILITY: The United States further agrees that the Defendant is entitled to an additional one?level reduction pursuant to U.S.S.G. G. RECOMMENDATION REGARDING SENTENCE WITHIN THE GUIDELINE RANGE: The Defendant and the United States understand and agree that the Court will determine the applicable Guideline range after reviewing the presentence report and considering any evidence or arguments submitted at the sentencing hearing. The United States agrees that it will recommend that the Court impose a sentence of imprisonment within the applicable Guideline range. The Defendant understands that any recommendation made by him or the United States is not binding on the Court. The Defendant further understands that he may not withdraw his plea of guilty if the Court rejects any recommendation. For purposes of this plea agreement, the parties have stipulated and agreed to the following Guideline calculations. Pursuant to U.S.S.G. the base offense level is 18. An additional 10 points will be added to the base offense level pursuant to U.S.S.G. (images of a prepubescent minor), 2G2.2(b) (3) (F) (distribution via ?Kik 2G2.2(b) (6) (use of a smart phone /computer), and (300?600 images of child pornography), for a Total Offense Level of 28. The parties further agree that, at this time, the Defendant should qualify for a 3 point reduction for acceptance of Case Document 44 Filed 04/29/19 Page 6 of 12 PagelD 86 responsibility, pursuant to U.S.S.G. 3E1.1(a) and This results in an adjusted Total Offense Level of 25, and a guideline range of 57-71 months custody, assuming the Defendant is in Criminal. History category I. If the Defendant is found to be in' a higher criniiualhistory category, the United States .1 W111 be free .to' argue fer a sen1ene'e' Within that renge. I I The Umted States reserves the right to present ewdence and argument as to What it belteves 111e- Guideline range should be and to respond to .- _1 any request for a sentence below the appheable Gmdelme range For-=- the-.11- purposes of agreement the ?apphcable Gmdelme range" is the range found I . _?by the Court by reference to the Sentencmg Table at 11. S. 5A based en the: 1' . '11Defendant's total offense level and crunmal hlstory before adjustments, If any, 1 are made based on a; downward departure an 18 S. C.- 3553(e) sentencmg - I -_-ffactor or other vanance 11 SPECIAL assessussr The Defendant agrees te? rennt 1.Clerk of Court 225 Home Street Plerre SD 57501 no later than have weeks-1; . - pnor to sentenemg, a certl?ed or cash1er check payable to the Clerk 01? 1-1; . I Court? 111 the amount of. $100 in 11111 sansfactlon of the statutory costs pursuant I 18USC ?3013 1 RESTITUTION AGREEMENT To PAY The Defendant hereby . I - agrees to make restltutlon in the amount of 127, 500.110 to the v1ct1ms - i as Identi?ed by the-1r recognized Pseudonym Sr pursuant to 13 3653- Case Document 44 Filed 04/29/19 Page 7 of 12 PagelD 87 and 3663A. If additional victims are identi?ed by the time of sentencing, the Defendant further agrees to pay restitution to the additional victims, subject to his right to contest the reasonableness of the amount requested. .0 MONETARY OBLIGATIONS - ONGOING DUTY: If the Defendant does not have Suf?cient ?nancial resources to 1mmed1ate1y [satisfy the ?nancial obligations 1mpoeed upon him at sentencing the Defendant agrees, if requested by the United States, to execute and return an executed Authormation to Release Financ1al Records and Documents, an executed Authorization to Release Tax Retul'ns and AttaChments and Amount Series .- Victim?s Name Attorney Requested - Lighthouse? Maureen Deb Bianco $10,000 . LighthOLISe Casseapoeia'_ James Marsh $3,000 .. Marineland Sarah CaroIL. Hepburn 7 $15,000 Sweet Sugar .. Pia Carol Hepburn $5,000 Sweet Sugar Ma? Carol L. Hepburn $5,000 LSWeet Sugar Mya- Carol L. Hepburn $5,000 1 :3 ViCky I Carol $10,000 I Jan Sec-ks Sierra Carol Hepburn $10,000 Jan Seeks Savannah CarolL Hepburn - $7 ,500 Jan Socks-,1 Skylar iCai?ol L. Hepburn $7,500 7 Jan Sally Carbl L. Hepburn $7,500 5. At School Violet 1 Carol Hepburn $10,000 Cindy "Cindy Thomas M. WatSon $8,000 Emily Tanya Hankins $15,000 Pinkheart Erika James Marsh $3,000 -Pinkheaxt Tori JameSMafeh $3,000 - I Jenny JameS-Maf?h .. $31000 - -- Total Restitution . Requeats 127,500 Case Document 44 Filed 04/29/19 Page 8 of 12 PageID 88 executed Financial Statement. The Defendant understands that this is an ongoing duty which continues until such time as payment is remitted in full. "Also the Defendant may be required to furnish the requested information, as well as entrant earnings statements and copies of his was even if the request is made afterhe has been Sentenced.- . . I I. I The Defendant agrees to assist-the- United States in lidenti?iing; Hie-eating, returning, and transfemng assets for tree in payment of any ?nanmal obligations imposed as part of the sentence in this case. The Defendant expressly authonzes the United States Attorneys Office to obtam ered1t reports on pnor to i" _i I'Judgment The Defendant also agrees that if he 18 incarcerated he Will part1c1pate in I. the Bureau of Pnson Inmate F1nanc1al Program dunng any i: of Incarceration 1n order to pay any ?nanmal obllgations ordered by the. - Court The Defendant's agreement to part1c1pate in the Inmate Fmanc1a1__ - I Respon31b?1ty Program does not the Un1ted States to pursue." i II colleenon from other available souroes If there is no penod of incarceration . ordered the Defendant agrees that payment of any ?nane1al obligatlons ordered . by the Court shall be a condinon of probation .. K. RESERVING ms re asses on CLARIFY MITIGATION - - INFORMATION The Umted States reServes the ?ght to rebut or elanfy matters - - -- Case Document 44 Filed 04/29/19 Page 9 of 12 PagelD 89 set forth in the presents-rice investigation report, or'raised by the Defendant in mitigation of his sentence, With evidence and argument. L. SEX OFFENDER REGISTRATION: - The Defendant has. been advised; and understands, that under the Sex Offender Registration and Noti?cation Act, a federal law, that he must register and keep the registration employee; and where he- is a student. The Defendant understands that the requlrements for include providing his Inarne, his reeldence address, and the names and addresses of any places where Ihe wiIIl be an employee or a II -. student among otherinfoz'mation The Defendant further Innderstands that the redunement to keep the registratlon current mcludes informing at least one .: II Jurisdiction in which he resides, isI_ Ian employee ?or is Ia student not1ater i. three busmess days after any change of his name, reszdence, employment . .- student status The Defendant has been adv1sed and understands that failure to comply with these obligations subjects him to prosecutlon for fazlure to register under federal law 18 U. IC. 2250 Which is punishable byI a fine or 1mpr1sonment or both MI BASIS FOR PLEA OF GUILTY: The Defendant agrees that the statement of facts; signed by the parties and Incorporated herein by this I reference, prov1des the basis for his guilty plea 111 this case, and IS a true and accurate statement of his'Iactions. or omissions with regard to the charges to I ..current in each of the followmg jurisdictions: where he resides; where he 1s an Case Document 44 Filed 04/29/19 Page 10 of 12 PagelD 90 which he is entering a plea, and that the Court may rely thereon in determining the basis for his plea of guilty as provided for in this plea agreement. WAIVER OF SPEEDY TRIAL: The Defendant agrees to waiVe any rights to a speedy trial under either the UnitedStates eonstitution or the Speedy Trial Act. This waiver is necessary so that the Court will have the bene?t of all . relevant information at sentencing, 3' -. PARTIES BEHIND It is further understood and agreed that this .. I .. agreement is hunted to the United States Attornefs Of?ce for the of South Dakota and that this agreement cannot and does not bind other federal . I i state, or local prosecuting authormes .. scope or Th1s agreement shall include any -. I attachments, exhibits or supplements desxgnated by the parties It is further - .I-Iunderstood and agreed that no additional promises, agreements, or commons .. have been entered into other than those set forth in this agreement and this: I agreement supersedes any earlier 01' other understandmg or agreement WAIVER or assesses AND APPEAL mom-s. The Defendant 5, I hereby waives all defenses and his to appeal any non?unsdictional issues The parties agree that excluded from this waiver is the Defendant?s right to I I I I appeal any denialon by the Court its depart upward pursuant to the sentencmg - - .. guidelines as tsell as the length of his sentence Tor a of its - 10 Case Document 44 Filed 0429/19 Page 11 of 12 PagelD 91 substantive reasonableness should the Court impose an. upward departure or an upward variance pursuant'to 18 U.S.C. 3553(a). SUPPLEMENT TO PLEA AGREEMENT The United States will ?le :4 Supplement to Plea Agreement which is required to be filed 111 every case in compliance with the Court?s Standing Order. RONALD A PARSONS, JR United States Attorney 4/74? Date/ ited__ States Attorney P. Boxt 7240 3 - Pierre, SD 57501 - Telephone: (605.) 224- 5402 33-_ Facsimile: (605) 224 8305 Mail: Troy Morleygguedoj gov APPROVED RONALD A PARSONS JR, United States Attorney .By TIMO HY M. MAHER . Sup rvisory AesiStent United States Attorney -. . David/foster Defendant .11 Case Document 44 Filed 04/29/19 Page 12 of 12 PagelD 92 Mr #3 Date - Attorney for fen?dant? . '12 Case Document 45 Filed 04/29/19 Page 1 of 5 PagelD 93 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION UNITED STATES-0F AMERICA, . CR 13?30004 Plaintiff, 1, - - BASIS STATEMENT DAVID FOSTER, Defendant The Defendant sIates that the following facts are true, and the parties .i-lagree that theyI establish a factual basis for the offense to which the Defendant? .I I I is pleading guilty purSuant to Fed R. Crim. 11(b)(3} 1 I .. On or about between the 5th day of October, 2016 and the 4th day of _May, 2017 in the of South Dakota, and elsewhere David Foster d1dI - possess and knowingly aeoess With intent to View computer ?les that .I contained an Image of child pornography, mvolvmg a ChlId that had not obtained-I the age of 12 years that had been needed and and transported in interstate and foretgn commerce by any means, including by cemputer, and were -I I 'Iproduced using matenal that had been mailed and shipped and transported In mterstate and1fore1gn commerce by any means, Including by computer,? in 1 violation of 18 U. C. 2252A(h)(2), and 2256(8). . I In early 2017, an agent with the Department of Homeland Security (HSI) initiated an undercoVer Operation targeting chat rooms and child sexual. exploitation on the ?Kilt? Messenger application. During the operation, the K11: Case Document 45 Filed 04/291119 Page 2 01?5 PagelD 94 group ?No Limits? was diecovered. An HSI agent recorded the activity of the group to include capturing images and videos Iof child exploitation pornography that Were shared among the group. Each member of the group received all of the content (images/videoe) Ishared by other usere in the group each time a user logged: into the Kik application, . One of the members of the group-was identified 33313113113161 I I 011 February summons wasjdeliivered to 13111133311331? . .1 requesting subscriber records .1314 "emartdguy" 011 February 13 2017, K1-k' I i I prov1ded a response mdlcatmg that the account name for "smartdguy" was . I ..I and the email address is smartdgumhotma? K11: records I . ._.I__1nd1cated that an 1Phone was assomated the account and IP logs reveal the II - . subscriber logged Into K111 on February 31- 2017 at 15 52 31 1111; (as well as 1' ?Imultiple other dates/times) unlizlng IP address 962 56183 A eubsequent'I_ I: -Isummons served on Mldco for subscriber records for 962 56 183 revealed the I I to be Damd Foster the Defendant 1n P1erre, 3111113 lead was to HSI 81011:: Falls and an inveshgahon was initiated Based upon 1 I I i-I'fiirthze information Ia search warrant Waej obtained to search the Defendants - :remdence and electronic equrpment On May 4112017 the search warrants were executed in Pierre SD During I I :3 the search an 1Phone6 was seized from the pocket of the Defendant was I 1' Passcode locked The Defendant refused to prowde the passcode to 13119 phone I I I I- and stated that the code is hie 1ntellectual property? and that he did not have I I .- .1 1:6 provide it to law enforcement The phone was in airplane mode to I Case Document 45 Filed Page 3 of 5 PagelD 95 prevent the destruction of any evidence in the phone from being deleted remotely. Subsequent to the execution of search warrants, the HSI SA uSed a government issued iPhone to send messages to "smartdguy" using the Kik Messenger application, while observing the screen of the iPhone seized from. the Defendant. The agent observed that a noti?cation appeared on the screen of the - Defendant's iPhone from Kik stating new person has mesSaged you" On May 5, 2017, HSI attempted to eKtract data from the iPhone6 but was unable to do so due to the passeode lock. Subsequently, on September 20 2017, a search warrant was obtained for the iPhone6. The phone was Sent to the HSI Cyber- Cnmes Center where a forensics agent performed an extractlon of the device data and provided the extracted contents A forensic analysis determined the Defendant? 1Phone6- contained .i on the Defendant 1phone6 revealed over 106 videos (Including duplicates) of ch1ld pornography The photographs and viideos the Defendant possessed depicted juvenile females between the ages of 8 to 12 years did. Many of the images depicted children being vaginally penetrated by an adult male penis or performing oral sex on an adult male penis. Several images depict infants and toddlers. All images and Videos depleting child pornography found on the: Defendant?s phone were transmitted over the internet and moved in I1nterstatei/fore1gn-commerce. I I I Conmdenng the duplicative nature of some of the images, the Defendant 7 admits-{there were at least. 3009-600 separate and distinct images of child Case Document 45 Filed 04/29/19 Page 4 of 5 PageID 96 pornography found on his phone, including the following images series: Series Pseudognym/ Victim?s Heme . Lighthouse Maureen Lighthouse - Casseaopeia Marineland Sarah SWeet Sugar ?Sweet sugar . Pia. ""Myai _-.-Sweet Sugar" - .- I Jan Socks I Sierra? - Jan Seeks I Savannah i. Jan socks? [Skylar - Jan Socks .- =?=Sally I At School I :Vlolet I I "Cindy Tightengold -. :Pinkheart - Tor: I I 2-H Jenny I I and or 10111313 groups on various ?le-sharing servers found an the mternet The - desnes l' The Defendant sought out and downloaded ille wages of Child; .. found 11} his possessmn by performng searches on the Internet .. . Defendant and intentlonally obtained these lmages to satisfy his own .- RONALD A.-- PARSONS JR United States Attorney ited States Attorney P..O Box?240 Pierre, SD 57501 I. Telephone: (605)224 5402 Mail: Troy -Morley@nsdoj. gov Case Document 45 Filed 04/29/19 Page 5 of 5 PageID 97 9/15/16; I Date .. Da?oster . . De endant 4/ f5 20/97 - Date Grey Attorney for Defendant Case Document 49 Filed 05/01/19 Page 1 of 2 PagelD 103 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION Roberto A. Lange United States District Judge Presiding Courtroom Deputy - SKK Court Reporter Leslie Hicks Courtroom - PR #1 Date May 1, 2019 US. Probation Officer Jenna Nielsen 3 18-cr?3 0004-01 UNITED STATES OF AMERICA, Troy R. Morley Plaintiff, vs. DAVID FOSTER, Ellery Grey Defendant. TIME HEARING SCHEDULED T0 BEGIN: 1:00 pm. TIME: 12:58 pm. Enter Change of Plea Hearing before the Honorable Roberto A. Lange, Judge, presiding. Defendant sworn by the Deputy Clerk and questioned by the Court. The Court reads the charge in Count 2 of the Indictment and advises Defendant of the maximum possible penalties. The Court advises Defendant of his constitutional rights. Defendant enters a plea of guilty to Count 2 of the Indictment. The Court ?nds there is a factual basis for the plea and Defendant?s guilty plea is accepted. Defendant is adjudged guilty as charged in Count 2 of the Indictment. The Court orders the preparation of a Presentence Investigation Report. The Court will enter a sentencing scheduling order in accordance with the dates and times as stated. Case Document 49 Filed 05/01l19 Page 2 of 2 Page-ID 104 3:18-cr-30004-01 Date May 1, 2019 1:20 p.111. Page - 2 The Court orders Defendant remanded to the U.S. Marshall Service pending sentencing. Mr. Morley moves to continue the trial as to Count 1. The Court grants the motion. Court adjourned. Case Document 50 Filed 05/01/19 Page 1 of 2 PagelD 105- UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION UNITED STATES OF AMERICA, 0004-RAL I Plaintiff, . SENT ENCING vs. SCHEDULING ORDER DAVID FOSTER, Defendant. In accordance with the Court?s oral order of May 1, 2019, it is hereby ORDERED that the Defendant has plead guilty to and is adjudged guilty of Count II alleged in the Indictment. It is further ORDERED that the draft presentence report shall be ?led by the Probation Of?ce in using the Draft Presentence Report event by June 20, 2019. It is further ORDERED that any objection to the presentence report and notice of intent to seek a departure by either the Government or the Defendant shall be ?led by counsel in using the Objections to Presentence Report event by July 5, 2019. If counsel has no objections to the presentence report, counsel should indicate such by using the Notice of No Objections to Presentence Report event. It is further ORDERED that all letters of support shall be ?led by counselin using the Sealed Letter(s) of Support event by July 17, 2019. All letters of support shall be legibly scanned as one document and not scanned as separate documents. It is ?irther Case Document 50 Filed 05/01/19 Page 2 of 2? PageID 106 ORDERED that-?116- ?nal'prese?tence mammal-1. ham-ex! Freba?m Qf?cem 7 by July 19, 2019 any mesalved ?bl??tl??smegmunds eomments ?led - fail fare? Itts?mher EREDthat thesente?amghaamgandany 11; Shall be held an Man-?ay, M11929, 2019,at11 Gusmni?lerresw?iaketa TEthrs Istday QfMay 2919 mm?mumoomefthe?s -.