AO 245B (Rev. ) Judgment in a Criminal Case

Sheet 1

UNITED STATES DISTRICT COURT

__________ District of __________

UNITED STATES OF AMERICA )

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JUDGMENT IN A CRIMINAL CASE

v.

Case Number:

USM Number:

THE DEFENDANT:

Defendant’s Attorney

G pleaded guilty to count(s)

G pleaded nolo contendere to count(s)

which was accepted by the court.

G was found guilty on count(s)

after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count

The defendant is sentenced as provided in pages 2 through 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)

G Count(s) G is G 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 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.

Date of Imposition of Judgment

Signature of Judge

Name and Title of Judge

Date

 Eastern District of Michigan

TIMOTHY JAMES HOLBERT 15-20455

51210-039

Raymond A. Cassar

✔ 1 of Indictment

18 U.S.C.§2252(A)(a)(2) Receipt of Child Pornography 8/15/2014 1

18 U.S.C.§2252(A)(b)(2)

6

✔ 2 of Indictment ✔

9/7/2016

s/ Mark A. Goldsmith

Mark A. Goldsmith, United States District Judge

9/15/2016

Case 2:15-cr-20455-MAG-APP ECF No. 32, PageID.243 Filed 09/15/16 Page 1 of 6
AO 245B (Rev. ) Judgment in Criminal Case

Sheet 2 — Imprisonment

Judgment — Page of

DEFENDANT:

CASE NUMBER:

IMPRISONMENT

The defendant is hereby committed to the custody of the )HGHUDO Bureau of Prisons to be imprisoned for a total

term of: 

G The court makes the following recommendations to the Bureau of Prisons:

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

2 6

TIMOTHY JAMES HOLBERT

15-20455

84 months

✔

The defendant be placed at Elkton, Ohio facility. The court recommends the defendant be placed at a facility with a sex

offender treatment program.

✔

Case 2:15-cr-20455-MAG-APP ECF No. 32, PageID.244 Filed 09/15/16 Page 2 of 6
AO 245B (Rev. ) Judgment in a Criminal Case

Sheet 3 — Supervised Release

Judgment—Page of

DEFENDANT:

CASE NUMBER:

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of :

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.

G The above drug testing condition is suspended, based on the court’s determination that the defendant poses a low risk of

future substance abuse. (Check, if applicable.)

G The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)

G The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

G The 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

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) the defendant shall support his or her dependents and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other

acceptable reasons;

6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) 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;

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) 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;

10) 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;

11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

12) 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

13) 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.

3 6

TIMOTHY JAMES HOLBERT

15-20455

10 years

✔

✔

✔

Case 2:15-cr-20455-MAG-APP ECF No. 32, PageID.245 Filed 09/15/16 Page 3 of 6
AO 245B (Rev. ) Judgment in a Criminal Case

Sheet 3C — Supervised Release

Judgment—Page of

DEFENDANT:

CASE NUMBER:

SPECIAL CONDITIONS OF SUPERVISION

4 6

TIMOTHY JAMES HOLBERT

15-20455

The 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 United States Bureau of Prisons, or any state sex offender

registration agency in which he/she resides, works, is a student, or was convicted of a qualifying offense.

The defendant shall successfully complete any sex offender diagnostic evaluations, treatment/ counseling programs and

polygraph examinations as directed by the probation officer. Reports pertaining to sex offender assessments, treatment,

and polygraph examinations shall be provided to the probation officer. As directed by the Court, the defendant shall pay all

or part of the cost of the diagnostic evaluations, treatment or counseling programs, and polygraph examinations based

upon their ability to pay.

The defendant shall not associate with minor children under the age of eighteen (18), except in the presence of a

responsible adult who is aware of the nature of your background and current offense, and who has been approved by the

probation officer. The defendant shall not frequent places where children congregate on a regular basis (such as, but not

limited to school grounds, playgrounds, child toy stores, video arcades, etc.).

The defendant shall notify anyone they date or marry with a minor child under the age of eighteen (18) of their conviction.

The defendant shall not purchase, sell, view, or possess images, in any form of media or live venue that depict

pornography, sexually explicit conduct, child erotica, or child nudity. The defendant shall not patronize any place where

such material or entertainment is available.

The defendant shall provide the probation officer with accurate information about all computer systems

(hardware/software), all passwords, and Internet Service Provider(s), that the defendant has potential and/or reasonable

access to and abide by all rules of the U.S. Probation Department's Computer Monitoring Program. The defendant shall

only access a computer approved by the U.S. Probation Department. The defendant shall consent to the probation officer

conducting periodic, unannounced examinations of all computer systems, which may include computer monitoring

software at the defendant's expense. For the purpose of accounting for all computers, hardware, software and

accessories, the defendant shall submit his/her person, residence, computer and/or vehicle to a search conducted by the

U.S. Probation Department at a reasonable time and manner.

The defendant shall inform any other residents that the premises and your computer may be subject to a search pursuant

to this condition. The defendant shall provide the probation officer with access to any requested financial information

including billing records (telephone, cable, internet, satellite, etc.).

The defendant shall only access the internet through one internet capable device. All other internet capable devices, such

as cellular phones and gaming consoles shall not have the internet connected. The defendant is prohibited from accessing

any online computer service at any location including, but not limited to public libraries, internet cafes, and places of

employment or education without the permission of the probation officer.

Case 2:15-cr-20455-MAG-APP ECF No. 32, PageID.246 Filed 09/15/16 Page 4 of 6
AO 245B (Rev. ) Judgment in a Criminal Case 

Sheet 5 — Criminal Monetary Penalties

Judgment — Page of

DEFENDANT:

CASE NUMBER:

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine Restitution

TOTALS $ $$

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 $ $

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.

5 6

TIMOTHY JAMES HOLBERT

15-20455

100.00 20,000.00

Probation department has victim names $20,000.00

0.00 20,000.00

✔ 20,000.00

Case 2:15-cr-20455-MAG-APP ECF No. 32, PageID.247 Filed 09/15/16 Page 5 of 6
AO 245B (Rev. ) Judgment in a Criminal Case

Sheet 5A — Criminal Monetary Penalties

Judgment—Page of

DEFENDANT:

CASE NUMBER:

ADDITIONAL TERMS FOR CRIMINAL MONETARY PENALTIES

6 6

TIMOTHY JAMES HOLBERT

15-20455

Restitution as ordered in the parties stipulated order. Restitution has been paid in full.

The Court waives the imposition of a fine, the costs of incarceration and the costs of supervision due to the defendant's

lack of financial resources.

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