AO 24SB (Rev. 11/16) Judgment in a Criminal Case
Sheet 3A — Supervised Release

Judgment—Page 5 oof 10

DEFENDANT: ROBERT PHELPS
CASE NUMBER: 3:17CR37

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 behavior while on supervision and identify the minimum tools needed by probation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
frame.

2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the

court or the probation officer.

You must answer truthfully the questions asked by your probation officer.

You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living

arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying

the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72

hours of becoming aware of a change or expected change.

6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to
take any items prohibited by the conditions of your supervision 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 officer excuses you from
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of 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 first getting the permission of the
probation officer.

. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was
designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).

11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
first getting the permission of the court.

12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
person and confirm that you have notified the person about the risk.

13. You must follow the instructions of the probation officer related to the conditions of supervision.

bas

U.S. Probation Office Use Only

AUS. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature ee - Date



AO 245B (Rev. 11/16) Judgment in a Criminal Case
Sheet 6B — Schedule of Payments

Judgment—Page 10 of 10
DEFENDANT: ROBERT PHELPS
CASE NUMBER: 3:17CR37

ADDITIONAL FORFEITED PROPERTY

1. Western Digital external hard drive, Serial No. WXE308LR0375;
2. Custom Antec computer, no Serial No.;

3. HEC desktop computer, #HEC-270FN-2RX; and

4. Hisense tablet, FCC ID W9HPADE0001.


AO 245B(Rev. 11/16) Judgment in a Criminal Case
Sheet 3D — Supervised Release

Judgment—Page 7 of 10

DEFENDANT: ROBERT PHELPS
CASE NUMBER: 3:17CR37

SPECIAL CONDITIONS OF SUPERVISION

8. The defendant shall serve a period of 100 hours of community service with an agency and on a schedule agreed upon
by the defendant and the probation officer over the first two years of supervision (if a suitable placement can be found).

9. The defendant is to receive sex offender counseling from Dr. Roush or a similar service as that provided by Dr. Roush.
The Court prefers defendant receive such counseling from Dr. Roush.

10. The defendant is to sign a release with all medical and/or mental health entities and providers in order that the
probation officer will have access to all available treatment information.

11. The defendant shall seek and maintain employment.

12. The defendant is to receive a mental health assessment and counseling, if deemed necessary, in some of the areas
identified by Dr. Roush, but which are ancillary to this offense.


AO 245B (Rev. 11/16) Judgment in a Criminal Case
Sheet 3C — Supervised Release

Judgment—Page 6 of 10
DEFENDANT: ROBERT PHELPS
CASE NUMBER: 3:17CR37

SPECIAL CONDITIONS OF SUPERVISION

1. The defendant shall participate in a sexual offender treatment program, to include a sex offender risk assessment,
psycho-sexual evaluation and/or other evaluations needed. The defendant shall also be subject to periodic polygraph
examinations at the discretion and direction of the probation officer at the defendant's expense, based on the probation
officer's assessment of the defendant's ability to pay. The defendant shall follow the rules and regulations of the sex
offender treatment program as approved by the probation office. The defendant shall sign all necessary authorization
forms to release confidential information so that treatment providers, the probation officer, polygraph examiner, and others
(as necessary) are allowed to communicate openly about the defendant's course of treatment, and progress in treatment.
The defendant shall make a co-payment for sex offender treatment services not to exceed $25 per month, which is
determined by the probation officer's assessment of the defendant's ability to pay.

2. The defendant's residence and employment shall be pre-approved by the probation officer, and must be in compliance
with state and local law.

3. The defendant shall not view or possess material, images, videos or computer files containing sexually explicit conduct
as defined by 18 U.S.C. § 2256(2)(A) and (B).

4. The defendant shall not view or possess material, images, videos or computer files containing sexually explicit conduct
as defined by 18 U.S.C. § 2256(2)(A) and (B).25. The defendant shall have no contact with any minors with exception of
the defendant's own children, without prior approval of the court. The term contact extends to all forms of communication
such as email, telephone, text, letter, and any other form of electronic communication. This provision does not encompass
Persons under age 18 such as ticket vendors, cashiers, or waiters with whom the defendant must deal in order to obtain
normal commercial services. The defendant shall be prohibited from loitering where minors congregate, such as, but not
limited to, playgrounds, arcades, amusement parks, recreation parks, sports events involving minors, shopping malls, and
public swimming pools.

5. The defendant shall register, and keep the registration current, in each jurisdiction where the defendant resides, where
he/she is an employee, and where the defendant 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 residence. [42
U.S.C. § 16913(a)]

If the state of residence is not accepting sex offender registrations pursuant to the Sex Offender Registration and
Notification Act (SORNA) and unable to accept the defendant's registration, the defendant must maintain contact with state
registration authorities and his/her probation officer to determine when such registration can be accepted. The duty to
register may continue after the expiration of the defendant's federal supervision, and any existing duty to register under
state law is not suspended and will remain in effect until the state implements the SORNA of 2006. If the defendant's
supervision transfers to another federal district, the defendant's duty register as required by SORNA shall be governed by
that district's policy and the laws of that state.

6. The defendant shall submit to the installation of software, and to monitor computer activities on any computer the
defendant is authorized to use at the defendant's expense. The software will record any and all activities on the
defendant's computer. The software will be checked on a periodic basis. The defendant has no expectations of privacy
regarding computer use or information stored on the computer and shall make other users of said computer aware of the
monitoring software. The defendant understands that any information gathered by said software may be used against the
defendant in subsequent court actions regarding the defendant's computer use and the conditions of supervision.
Furthermore, the defendant shall comply with the rules set forth in the Computer and Internet Monitoring Agreement and
the Computer and Internet Acceptable Use Agreement as adopted by the Southern District of Ohio.

7. In consideration of 18 U.S.C. § 3583(d)(3), the defendant shall submit and/or surrender any media device, to which they
have access and/or control, to a search based on reasonable suspicion of contraband or evidence of a violation of a
condition of supervision. A media device is defined as, but not limited to, any device which is capable of accessing the
internet, storing images, text, or other forms of electronic communication.


AO 245B (Rev. 11/16) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 9 of 10
DEFENDANT: ROBERT PHELPS
CASE NUMBER: 3:17CR37
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A &_ Lump sum payment of $ 100.00 due immediately, balance due
O __ not later than , Or

Min accordance with ad Cc OD, @ E,or & F below; or

B_ (Payment to begin immediately (may be combined with OC, OD,or OF below); or

CO Payment in equal ____ @g., weekly, monthly, quarterly) installments of $ 7 over a period of
_ (eg., months or years), to commence a (e.g., 30 or 60 days) after the date of this judgment; or
D (Payment in equal _ (e.g., weekly, monthly, quarterly) installments of $ ___ over a period of
___ (e.g., months or years), to commence - (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or
E Payment during the term of supervised release will commence within 60 (e.g., 30 or 60 days) after release from

imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or
R a Special instructions regarding the payment of criminal monetary penalties:

If the defendant, while incarcerated, is working in a non-UNICOR or grade 5 UNICOR job, the defendant shall pay
$25.00 per quarter toward defendant's monetary obligation. If working in a grade 1-4 UNICOR job, defendant shall
Pay 50% of defendant's monthly pay toward defendant's monetary obligation. Any change in this schedule shall be
made only by order of this Court. After release from imprisonment,and within 60 days of the commencement of the
term of supervised release, the probation officer shall recommend a revised payment plan to satisfy the balance.

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 clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

O 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.

1 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 Page 10

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine
interest, (6) community restitution, (7) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.


AO 245B (Rev. 11/16) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT

Southern District of Ohio

UNITED STATES OF AMERICA ' JUDGMENT IN A CRIMINAL CASE
v. )
ROBERT PHELPS } Case Number: 3:17CR37

) USM Number: 76319-061
)
) Scott A. Kelly
) Defendant's Attorney

THE DEFENDANT:

MA pleaded guilty to count(s) 1 —_ _ —

Opleaded nolo contendere to count(s) os _

which was accepted by the court.
O was found guilty on count(s) 7 ee 7 _
after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
Title & Section Nature of Offense Offense Ended Count
18 U.S.C. § 2252(a)(4) Possession of Child Pornography - Visual Depictions 7/30/2015 1
(b) and (b)(2)
The defendant is sentenced as provided in pages 2 through 10 __ of this judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.

O The defendant has been found not guilty on count(s) _ _ ee ee _

OCount(s) a O is  Qare 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 diay 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.

12/15/2017

Date of Imposition of Judgment _

ee

Signature of Judge

Walter H. Rice, U.S. District Judge

Name and Title of Judge

12/19/2017 :
Date —


AO 245B (Rev. 11/16) Judgment in a Criminal Case
‘Sheet 5 — Criminal Monetary Penalties

Tudgment—Page 8 of 10
DEFENDANT: ROBERT PHELPS
CASE NUMBER: 3:17CR37

CRIMINAL MONETARY PENALTIES

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

Assessment SJVTA Assessment* Fine Restitution
TOTALS $ 100.00 $ 5,000.00 $ $ 25,000.00
0 The determination of restitution is deferred until + An Amended Judgment in a Criminal Case (AO 245C) will be entered

after such determination.
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 Epproximately Peopornoned ayment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss** Restitution Ordered Priority or Percentage
Clerk of the United States District $9,000.00

Court for the Southern District of

Ohio (Chelsea Series)

Clerk of the United States District $8,000.00
Court for the Southern District of

Ohio (Sarah Series)

Clerk of the United States District $8,000.00
Court for the Southern District of

Ohio (Violet Series)

TOTALS $ unknown $ 25,000.00

Restitution amount ordered pursuant to plea agreement $ _

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).

The court determined that the defendant does not have the ability to pay interest and it is ordered that:
the interest requirement is waived forthe 4 fine 4 restitution.

CO the interest requirement forthe fine restitution is modified as follows:

* Justice for Victims of Trafficking 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.


AO 245B (Rev. 11/16) Judgment in a Criminal Case
Sheet 3 — Supervised Release

Judgment—Page 4 of 10
DEFENDANT: ROBERT PHELPS
CASE NUMBER: 3:17CR37

SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of :
10 years. If, after the 4 to 5 year mark, the probation officer and mental health provider believe that defendant has received
the maximum benefit from supervision, a motion for early termination should be filed.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.

You must not unlawfully own, possess, use or traffic in any controlled substance or dangerous weapons.
You must refrain from any unlawful use of a controlled substance. You must 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 you
pose a low risk of future substance abuse. (check if applicable)
4. You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
5. M You must 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 the location where you

reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
6. O You must participate in an approved program for domestic violence. (check if applicable)

Pp

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.


AO 245B (Rev. 11/16) Judgment in a Criminal Case
Sheet 2A — Imprisonment

Judgment—Page 3 of 10

DEFENDANT: ROBERT PHELPS
CASE NUMBER: 3:17CR37

RECOMMENDATIONS TO THE BUREAU OF PRISONS
The Court recommends that the defendant be given credit for all allowable pre-sentence jail-time served, to wit: 7 days.
The Court recommends that the defendant be incarcerated at FMC Devens or FMC Butner North Carolina, where sex
offender treatment and management programs are available. Alternatively, the Court recommends that the defendant be

designated to FCI Elkton Low Security Satellite Prison consistent with his security status.

The Court recommends that the defendant receive a mental health assessment and counseling, if deemed necessary, not
only on sex offender issues, but on general mental health issues.


AO 245B (Rev. 11/16) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment—Page __ 2 of 10
DEFENDANT: ROBERT PHELPS
CASE NUMBER: 3:17CR37

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total
term of:

36 months, with credit for all allowable pre-sentence jail time served, to wit: 7 days.

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

See Page 3

O The defendant is remanded to the custody of the United States Marshal.

MZ The defendant shall surrender to the United States Marshal for this district:
O at : Oam OO pm _ on
M@ as notified by the United States Marshal.

O)_ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
O. before 2 p.m. on _

CO as notified by the United States Marshal, on or after April 1, 2017.

0 as notified by the Probation or Pretrial Services Office.

RETURN
Thave 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 _