vi.

vii.

Cc. The 4-level enhancement under § 2G2.2(b)(4) for having material
that portrays sadistic or masochistic conduct or other depictions of
violence;

D. The 2-level enhancement under § 2G2.2(b)(6) for using a
computer during commission of the offense; and

E. The 5-level enhancement under § 2G2.2(b)(7)(D) for possessing
In excess of 600 images.

Based upon application of the above-referenced specific offense
characteristics, the Guideline level I will face if I receive full credit for
acceptance of responsibility and score out at Criminal History Category I,
is a Level 30, which provides for a range of incarceration of between 97
and 121 months. The United States of America and I agree that based
upon the facts of this case, and with full consideration of any factors to be
considered under 18 U.S.C. § 3553(a), a total sentence of incarceration of
97 months is a fair and reasonable sentence, and no grounds exist for an
upward or downward departure or variance from the applicable Guideline
range.

The United States of America and I also agree to recommend that the
Court impose a 20-year term of supervised release following my release
from imprisonment.

The United States of America and I further agree to recommend that the
Court order, as a mandatory condition of my supervised release, that I
register as a sex offender and comply with state sex offender registration
requirements pursuant to 18 U.S.C. § 3583(d) and 42 U.S.C. §16913. I
have also been advised and understand that under the Sex Offender
Registration and Notification Act, a federal law, I must register and keep
the registration current in each of the following jurisdictions: the location
of my residence; the location of my employment; and, if I am a student,
the location of my school. I understand that such registration will require
that I provide information that includes my name, residence address, and
the names and addresses of any places at which I will be an employee or
student. I also understand that I must update my registration not later than
three business days after any change of name, residence, employment, or
student status. I understand that failure to comply with these obligations
may subject me to prosecution for failure to register under federal law, 18
U.S.C. § 2250, which is punishable by a fine and/or imprisonment. I
further agree that as long as I remain on supervised release, I will provide
written documentation, as often as requested by my assigned United States

5.


10. I declare that I offer my plea of guilty freely and voluntarily and of my own
accord, and no promises have been made to me other than those contained in this agreement, nor
have I been threatened in any way by anyone to cause me to plead guilty in accordance with this
agreement.

11. I understand and acknowledge that this agreement, once filed with the Court,

is a public document and available for public viewing.

/s/ Joshua Alexander Atwood
Joshua Alexander Atwood
Defendant

/s/ Kerry Connor
Kerry Connor
Attorney for Defendant

APPROVED:

DAVID CAPP
United States Attorney

By: — /s/ Jill Rochelle Koster
Jill Rochelle Koster
Assistant U. S. Attorney

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supervised release I must serve for my conviction of the offense charged in the
Amended Information is 5 years and the maximum possible term of supervised
release is for the duration of my life, pursuant to Title 18, United States Code, §
3853(k). I understand that I am also subject to a fine of up to $250,000, and a
special assessment of $100.00, for my conviction of the offense charged in the
Amended Information.

In exchange for my guilty plea to the charge of possession of child pornography in
the Amended Information filed simultaneously herewith, and my other agreements
set forth herein, the United States of America agrees not to file any additional
charges against me which could be brought based upon my conduct in the
Northern District of Indiana which is related to this criminal investigation and is
currently known to the government. The United States of America has informed
me that it has not located evidence of my knowing production of child
pornography or my commission of any hands-on offenses involving minors; I
explicitly acknowledge herein that should the government discover such evidence,
it will not be barred by this agreement from prosecuting me for that conduct.

The United States of America and I have also entered into the following
agreements which are not binding upon the Court, and I understand that if the
Court does not follow these agreements I will not be allowed to withdraw my
guilty plea:

i. In recognition of my acceptance of responsibility for my offense conduct,
in any U.S. Sentencing Guideline calculation, the United States of
America and I agree that I am entitled to a two point, and if eligible, an
additional one point reduction in offense level for acceptance of
responsibility; however, the United States of America is not obligated to
recommend I receive the acceptance of responsibility adjustment if I deny
my involvement in the offense or relevant conduct, give conflicting
statements of my involvement or relevant conduct, or engage in additional
criminal conduct.

ii. The United States of America and I agree that the following specific
offense characteristics apply to my offense level calculation under U.S.
Sentencing Guideline § 2G2.2:

A. The 2-level enhancement under § 2G2.2(b)(2) for having material
which involves a prepubescent minor;

B. The 2-level enhancement under § 2G2.2(b)(3)(F) for distributing
child pornography;

4.


e.

Probation officer, that my sex offender registration remains in good
standing.

viii. _ Finally, the United States of America and I agree to recommend that the
Court order me to undergo a sex offender evaluation pursuant to Title 18,
United States Code, Section 3552(b), upon my release from prison. I
understand that it will be my obligation to secure this evaluation from a
qualified mental health professional experienced in treating and managing
sexual offenders, such as a member of the Association for the Treatment
of Sexual Abusers (ATSA). I further agree to submit to all evaluation
procedures at the direction of the treatment provider, including
phallometry and polygraph testing if the treatment provider deems them
necessary. In this regard, I agree to waive any right to confidentiality and
allow the provider conducting the psycho-sexual evaluation (and any
subsequent treatment) to supply a written report(s) to the United States
Probation Department, the Court and the United States Attorney.

I understand that the law gives a convicted person the right to appeal the
conviction and sentence (including any restitution) imposed; I also understand that
no one can predict the precise sentence that will be imposed and that the Court has
jurisdiction and authority to impose any sentence within the statutory maximum
set for my offenses as set forth in this plea agreement; with this understanding and
in consideration of the Government’s entry into this plea agreement, I expressly
waive my right to appeal or to contest my conviction or the sentence imposed,
including the manner in which my conviction or sentence was determined or
imposed, to any Court on any ground, including any claim of ineffective
assistance of counsel unless the claimed ineffective assistance of counsel relates
directly to this waiver or its negotiation, including any appeal under Title 18,
United States Code, Section 3742 or any post-conviction proceeding, including
but not limited to, a proceeding under Title 28, United States Code, Section 2255.

I also agree to waive all rights, whether asserted directly or through a
representative, to, after sentencing, request or receive from the United States any
further records, reports, or documents pertaining to the investigation or
prosecution of this matter; this waiver includes, but is not limited to, rights
conferred by the Freedom of Information Act and the Privacy Act of 1974;

I acknowledge that Title 18, United States Code, Section 2259 requires the Court
to order me to pay restitution to the victim for the full amount of the victim’s
losses as determined by the Court. This statute defines “victim” and identifies
costs to be included in the loss determination. This statute also says that the Court
may not decline to award restitution because of my economic circumstances or
because any victim has, or is entitled to, receive compensation for injuries from

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UNITED STATES DISTRICT COURT PNTIPD 7 pry !
NORTHERN DISTRICT OF INDIANA FIG
HAMMOND DIVISION . so
UNITED STATES OF AMERICA )
)
v. ) Case No. 2:13 CR 40 RL-APR
)
JOSHUA ALEXANDER ATWOOD )

AMENDED PLEA AGREEMENT

Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, come now the United
States of America, by Assistant United States Attorney Jill Rochelle Koster, the defendant,
Joshua Alexander Atwood, and Kerry Connor as attorney for the defendant, and show the Court
they have entered into a plea agreement as follows:

1. I, Joshua Alexander Atwood, have the ability to read, write and speak the English
language.

2. Ihave received a copy of the Amended Information charging me with possession
of child pornography filed simultaneously herewith and have read and discussed it with my
lawyer, and believe and feel that I understand every accusation made against me in this case. I
have agreed, as set forth in a separate filing with the Court, to waive my right to Indictment by a
federal Grand Jury with respect to the charge of possession of child pornography and to plead
guilty to the charge set forth in the Amended Information.

3. Ihave told my lawyer the facts and surrounding circumstances as known to me
concerning the matters mentioned in the Amended Information filed herewith and believe and

feel that my lawyer is fully informed as to all such matters. My lawyer has counseled and


the proceeds of insurance or any other source. I understand my attorney may
challenge the amount of the claimed losses of any victim and may argue regarding
the amount that should be paid by me. However, once the Court determines the
amount owed by me to any victim(s) in this case, I agree to the entry of a
restitution order requiring me to pay that amount.

h. I agree, with respect to the computer and computer-related equipment which I
have agreed to forfeit, to waive all interest in any such assets in any administrative
or judicial forfeiture proceeding, whether criminal or civil, state or federal. I also
agree to consent to the entry of orders of forfeiture for such property and waive
the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding
notice of forfeiture in the charging instrument, announcement of the forfeiture at
sentencing, and incorporation of the forfeiture in the judgment. I agree to waive
all constitutional and statutory challenges in any manner (including direct appeal,
habeas corpus, or any other means) to any forfeiture carried out in accordance
with this plea agreement on any ground, including that the forfeiture constitutes an
excessive fine or punishment. I agree to take all steps as requested by the United
States to pass clear title to forfeitable assets to the United States, and to testify
truthfully in any judicial forfeiture proceeding. I acknowledge that all property
covered by this agreement is subject to forfeiture as property which facilitated and
was involved in the illegal conduct giving rise to the forfeiture under 18 U.S.C. §
2253.

i. I understand that if I violate any of the provisions of this plea agreement,
including my continuing obligation to demonstrate acceptance of responsibility,
the United States may at its option either (1) ask the Court to make a
determination that I have breached a term in this agreement in which event I will
at sentencing lose the benefit of all the promises made by the government in this
agreement and I would have no right to withdraw my guilty plea, or (2) the
United States could seek to have the Court declare this entire plea agreement null
and void, in which event I can then be prosecuted for all criminal offenses that I
may have committed.

8. I am prepared to state to the Court the facts in this matter that cause me to
believe that I am guilty of the possession of child pornography charge set forth in the Amended
Information to which I am pleading guilty.

9. I believe and feel that my lawyer has done all that anyone could do to counsel

and assist me, and that I now understand the proceedings in this case against me.


advised me as to the nature and elements of every accusation against me and as to any possible

defenses I might have.

4. I understand that I am entitled to have all of my rights which may be involved in

this matter explained to me, and that I have the right to have any questions I may have answered

for me.

5. I understand that by pleading guilty I waive certain rights. The rights described

below have been explained to me, as well as the consequences of my waiver of these rights:

a.

IfI persisted in a plea of not guilty to the charge against me, I would have
the right to a public and speedy trial. The trial could be either a jury trial
or a trial by the judge sitting without a jury. I have the right to a jury trial.
However, I may waive a jury trial in writing with the approval of the Court
and the consent of the government.

If the trial is a jury trial, the jury would be composed of twelve laypersons
selected at random. My attorney and I would have a say in who the jurors
would be by removing prospective jurors for cause where actual bias or
other disqualification is shown, or without cause by exercising so-called
peremptory challenges. The jury would have to agree unanimously before
it could return a verdict of either guilty or not guilty. The jury would be
instructed that a defendant is presumed innocent, and that it could not
convict unless, after hearing all the evidence, it was persuaded of my guilt
beyond a reasonable doubt, and that it was to consider each count of the
Indictment separately.

If the trial is held by the judge without a jury, the judge would find the
facts and determine, after hearing all the evidence, and considering each
count separately, whether or not the judge was persuaded of my guilt
beyond a reasonable doubt.

Ata trial whether by a jury or a judge, the prosecution would be required
to present its witnesses and other evidence against me. I would be able to
confront those government witnesses and my attorney would be able to
cross-examine them. In turn, I could present witnesses and other evidence
in my own behalf. If the witnesses for me would not appear voluntarily, I
could require their attendance through the subpoena power of the Court.

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6.

e. Ata trial, I would have a privilege against self-incrimination so that I

could decline to testify, and no inference of guilt could be drawn from my
refusal to testify. If I desired to do so, I could testify in my own behalf.

f. At trial and at every stage of the proceedings, I have a right to an attorney,
and if I could not afford an attorney one would be appointed for me.

g. In the event that I should be found guilty of the charge against me, I would
have the right to appeal my conviction on such charge to a higher court.

I understand that under the U.S. Sentencing Guidelines, the Court, in light of an

investigation by the United States Probation Office, will determine the applicable sentencing

guideline range, and that the Court will determine all matters, whether factual or legal, relevant

to the application of the U.S. Sentencing Guidelines. I understand that the U.S. Sentencing

Guidelines are advisory only, and that the specific sentence to be imposed upon me will be

determined by the judge after consideration of a pre-sentence investigation report, input from

defense counsel and the government, federal sentencing statutes, and the U.S. Sentencing

Guidelines.

7.

Notwithstanding the above, I have, with the assistance of counsel, entered into an

agreement with the United States Attorney’s Office as follows:

a.

I will plead guilty to the possession of child pornography charge alleged in the
Amended Information filed simultaneously herewith, because I am, in fact, guilty
of that offense. I also agree to forfeit my interest in the computer and computer-
related equipment seized by the United States of America in this cause and to hold
the United States, its agents, and its employees harmless from any claims
whatsoever in connection with its seizure or forfeiture.

I understand that the statutory maximum penalty for my conviction of the
possession of child pornography charge alleged in the Amended Information filed
simultaneously herewith is 20 years imprisonment pursuant to Title 18, United
States Code, § 2252(a)(4)(B) because a visual depiction involved in the offense
depicts a prepubescent minor or a minor who had not attained twelve (12) years of
age. Further, I understand that the statutory mandatory minimum term of

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