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United States District Court

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

UNITED STATES OF AMERICA

v. 

MICHAEL BELDEN (1)

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Criminal Action No. 4:23-CR-16

(Judge Mazzant/Judge Nowak)

MEMORANDUM ADOPTING REPORT AND

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Came on for consideration the above-referenced criminal action, the Court having 

heretofore referred the request for the revocation of Defendant’s supervised release to the United 

States Magistrate Judge for proper consideration. The Court has received the Report and 

Recommendation of the United States Magistrate Judge pursuant to its order. Defendant having 

waived allocution before the Court as well as his right to object to the report of the Magistrate 

Judge, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are 

correct. 

It is therefore ORDERED that the Report and Recommendation of United States 

Magistrate Judge is ADOPTED as the opinion of the Court. 

It is further ORDERED that Defendant’s supervised release is hereby REVOKED. 

It is further ORDERED that Defendant be committed to the custody of the Bureau of 

Prisons to be imprisoned for a term of five (5) months, with seven (7) years of supervised release 

to follow. 

The Court further recommends the imposition of the special conditions set forth in the 

Report and Recommendation, as follows:

You must provide the probation officer with access to any requested financial information;

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Under the guidance and direction of the U.S. Probation Office, you must participate in sex

offender treatment services which may include the application of physiological testing

instruments. You shall pay any cost associated with treatment and testing;

You must not possess or view any images in any form of media or in any live venue that 

depicts sexually explicit conduct as defined in 18 U.S.C. § 2256(2). This includes visual, auditory,

telephonic, electronic media, email, chat communications, instant messaging, or computer

programs. You must not patronize any place where such material or entertainment is available.

You must not use any sex-related telephone numbers. You must provide the probation officer with

access to any requested financial information to determine if you have purchased, viewed, or

possessed sexually explicit material;

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 which you reside, work, are a student, or were convicted 

of a qualifying offense;

You shall not access any part of the internet aside from those directly related to your job 

functions (i.e. eBay, and email);

You must not have direct or indirect contact with children under the age of 18 unless 

supervised by an adult approved by the probation officer. This condition prohibits intentional 

conduct rather than inadvertent or incidental encounters with children under the age of 18;

You must not use or own any device (whether or not at your place of employment, 

residence, or elsewhere) that can be connected to the Internet or used to store digital materials 

other than that authorized by the probation officer. This includes, but is not limited to, desktop 

computers, laptops, PDA's, electronic games, and cellular telephones. You must not use any device 

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other than the one you are authorized to use. You must allow the U.S. Probation Office to install 

software designed to monitor activities. This may include, but is not limited to, software that may 

record any and all activity on the computers you may use, including the capture of keystrokes, 

application information, Internet use history, e-mail correspondence, and chat conversations. You 

will pay any costs related to the monitoring of your computer usage;

You must not maintain or create a user account on any social networking site (i.e., 

Facebook.com, Twitter.com, Google+, MySpace.com, Adultfriendfinder.com, etc.) that allows 

access to persons under the age of 18, or allows for the exchange of sexually-explicit material, chat 

conversations, or instant messaging. You must neither view nor access any web profile of users

under the age of 18;

You must submit to a search of your person, property, house, residence, vehicle, papers, 

computer, other electronic communication or data storage devices or media, and effects at any 

time, with or without a warrant, by any law enforcement or probation officer with reasonable 

suspicion concerning unlawful conduct or a violation of your conditions of supervision;

You must not use or possess any gaming consoles (including, but not limited to, Xbox,

PlayStation, Nintendo), or devices without prior permission from the probation officer;

You must refrain from the purchase, possession, or use of digital cameras; digital recorders; 

or any other type of digital recording and/or photographic equipment;

You must not attempt to remove, tamper with, or in any way circumvent the monitoring 

software. You must not access any Internet Service Provider account or other online service using 

someone else’s account, name, designation, or alias. You must disclose all on-line account 

information, including usernames and passwords, to the U.S. Probation Office. You must also, if 

requested, provide a list of all software/hardware on your computer, as well as telephone, cable, 

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or Internet service provider billing records, and any other information deemed necessary by the 

probation office to monitor your computer usage;

You must not access any service or use any software which allows for direct peer to peer 

contact which may include chat rooms, file sharing, or other similar activity without permission 

from the probation officer;

If you reside in a household where a computer is present (i.e., it belongs to a parent, spouse,

roommate, etc.), the owner of the computer must agree to allow the U.S. Probation Office to install

software designed to monitor computer activities on such computer. This may include, but is not

limited to, software that may record any and all activity on any computer you may use in the

residence, including the capture of keystrokes, application information, Internet use history, e-mail

correspondence, and chat conversations. You will pay any costs related to computer monitoring; 

and

You must advise anyone in your household that may use any computer in question that

monitoring software has been installed.

The Court also recommends that Defendant be housed in a Bureau of Prisons facility in

West Texas, if appropriate.

IT IS SO ORDERED.

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